Decision A0271.10
Full Text of Decision A0271.10
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
The claimant left his employment because of stress as a result of his work commute and his inability to get his children to their extracurricular activities. The BOR allowed the claimant's appeal on just cause finding that he had made the decision to quit only after trying his best to find another solution. The FCA confirmed that the claimant had to adduce evidence to prove on a balance of probabilities that, in all the circumstances, he had no reasonable alternative other than to leave his employment, in order to discharge his parental responsibilities.
Decision 70468
Full Text of Decision 70468
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
The claimant chose to leave her employment after the employer decided to move its place of business from Berthier to Joliette. Prior to the relocation, the claimant had a commute of 32 km between her home and her workplace, and after the relocation, that distance increased by 18 km to 50 km. The Umpire supported the Board's decision and concluded that it was not unreasonable for the employer to require the claimant to travel an additional distance of 18 km to get to work. Before leaving her employment, the claimant could have travelled the extra distance to and from work and look for another job elsewhere if she was still unhappy with the longer commute.
Decision 70469
Full Text of Decision 70469
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
The claimant left her employment because the employer moved the workplace 25 km farther away. This added 33 km to the claimant's commute, but she wanted to work less than 20 km away from home. The Board of Referees considered whether the extra distance was excessive, whether she had a reasonable alternative to leaving, whether she could have looked for employment elsewhere before leaving her guaranteed employment and whether she could have tried carpooling to and from work. There are many alternatives that the claimant did not seem to have considered before leaving. The Board of Referees was of the opinion that the claimant made a personal decision to leave her job. The Umpire concluded that the Board of Referees' decision is correct in fact and in law, and entirely consistent with the case law and the principles set out by the FCA.
Decision 41453
Full Text of Decision 41453
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Claimant quit his job because he had purchased a house in Barrie, Ont. and found that the distance for commuting from Barrie to Mississauga was too great. Umpire stated that the jurisprudence is clear that commuting a distance to one’s job, even one hour’s commuting time, is not a reason to quit a job.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
health reasons |
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Decision 28341
Full Text of Decision 28341
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Warehouse closed in Toronto. Operations relocated to Etobicoke. Public transportation inadequate. CUB 14105 referred to. It was a geographical and physical impossibility for her to continue at the new job site. That was just cause. The Board erred in finding that it was simply a personal choice.
Decision 25658
Full Text of Decision 25658
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Long commute. Part-time earnings. The Board erred in law. Claimant had just cause when both the economic implications of continuing and the inhibiting effect on her job search for other work are taken into account, particularly in the light of the effective result (6 weeks after) of her job search.
Decision 25306
Full Text of Decision 25306
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Claimant had accepted to travel 1 1/2 hours each way every day from her home in Brockville to maintain employment in Ottawa. After one year and following the birth of a child, she requested a transfer and was given leave, her mother being unable to care for the child during extended hours.
Decision 24675
Full Text of Decision 24675
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Held that claimant had just cause to quit after one day employment which comprised 10 to 14 hours a day, 6 days a week, in addition to 4 hours of daily commuting, and that it was perverse to conclude that he should have tried it for 1 or 2 weeks before quitting.
Decision A-1677.92
Full Text of Decision A-1677.92
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Moves to Varennes: continues working in Montreal-North for 3 months. Husband's timetable changed. No longer able to commute by car with him; 5 hours by bus. The Umpire erred in dealing only with the transporation problems rather than the decision to move. Certainly not just cause in the case at bar.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
personal reasons |
moving |
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Decision 22117
Full Text of Decision 22117
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Refer to: A-1677.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Decision 22142
Full Text of Decision 22142
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
The company moved its operation from Toronto to Hamilton. Claimant accepted to work in Hamilton, as he was paid travel time and transportation. He arrived home late in the evening, between 8:00 p.m. and 11:00 p.m. Quit after several months. Wife pregnant and a young son living in Scarborough.
Decision 18058
Full Text of Decision 18058
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Gang railway worker who accepted a voluntary lay-off. The jobs offered to him were by and large in remote areas, far from his normal residence, and for many of the locations the company did not provide living accommodations. He would have had to pay for2 residences.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| voluntarily leaving employment |
applicability |
voluntary layoff |
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| board of referees |
errors in law |
decision incomplete |
various |
Decision 15758
Full Text of Decision 15758
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Claimant left after 8 days because it took her 2 to 3 1/2 hours to travel to her workplace and back again. Disqualification reduced to 4 weeks because she felt she had just cause and because of considerable overpayment resulting from disqualification.
Decision 11662
Full Text of Decision 11662
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Employer relocated and claimant left one month afterwards. Had it not been for his own voluntary act in attending night school the additional travelling time would have been tolerable. Disqualification reduced to 3 weeks as difficulties brought about inpart by employer.
other summary
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Sub-Issue 1: |
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| basic concepts |
disqualification |
length |
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Decision 10866
Full Text of Decision 10866
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| Issue: |
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| voluntarily leaving employment |
commuting |
distance too great |
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Summary:
Claimant left after 1 month: 47 kms each way requiring 3 1/2 hours per day and $35 per week in gasoline. Wages of $8.75 per hour. Distance found not excessive by Board and quite common in Metro Toronto area. 6-week disqualification upheld. Finding of fact. No error in law.
Decision A0234.14
Full Text of Decision A0234.14
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
The FCA decided that the SST and the BOR applied the proper test to determine if the claimant had other reasonable alternative than to leave her employment because she had no way to get to work for the night schedule, her car was seized in error by the city of Montreal. Before the FCA, the claimant relied on new evidence. Generally, the FCA examines the validity of the decision subjected to judicial review on the basis of the evidence which were before the administrative decision-maker. The application for judicial review was rejected. The FCA's decision can be found in French only at this address: http://decisions.fca-caf.gc.ca/fca-caf/decisions/fr/item/108382/index.do
Decision 43706
Full Text of Decision 43706
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Claimant's employer, having completed operations at a site close to the claimant's home, commenced work at a new job site more remote. Claimant unsuccessful either to arrange transportation to the new site or to find alternative employment. Umpire held that claimant accepted employment knowing that transportation would be critical to his ability to maintain the employment. Claimant failed in his efforts to meet that critical condition and his employer cannot be held responsible for that.
Decision 38644
Full Text of Decision 38644
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Quit his job because claimant and his wife worked at different places, had problems getting to their respective jobs, particularly with a young babysitter and different hours. Umpire stated that the principle is a solid one and of long establishment that it is imperative that an employee is responsible to arrange his own transportation to his job
Decision 26708
Full Text of Decision 26708
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Clearly it is the responsibility of any employee to present himself at the workplace and in the absence of clear and specific arrangements between the employer and employee, the difficulty of obtaining transportation is certainly not sufficient to constitute just cause.
Decision 23298
Full Text of Decision 23298
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Ss. 28(4) quoted. No one has suggested a reasonable alternative which she had to quitting. She needed to use her car in her job and to do so she needed to get the starter repaired. She could not afford to do so, considering she was being paid $5.25 an hour for 15 hours a week to be reduced to 10.
Decision 20964
Full Text of Decision 20964
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Construction worker. Left after 1 day. No means of transportation to the construction site where he had been located. Did not ask anyone for a ride. It was likely transportation could have been arranged with other workers. It was incumbent upon him to arrange for transportation.
Decision 15945
Full Text of Decision 15945
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Claimant left after 3 days' work because he ran out of money. The delay by CEIC to determine his eligibility and the delay by welfare authorities to give him the promised transportation assistance are such as to reduce the disqualification from 3 to 1 week.
Decision 14910
Full Text of Decision 14910
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| Issue: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
10 months of unemployment; lives in Mont-Tremblant at the time; accepts employment with staggered schedule; taxi: $6 to get there, works 2 days at a cost of $24; unable to find any other transportation; change of schedule not possible. Three-week disqualification. Question of fact.
other summary
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| penalties |
reason for separation |
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Decision 14847
Full Text of Decision 14847
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
When his friend quit, claimant was left without transportation to travel 96 miles daily. The Board found that he had not made any serious attempt to secure alternate transportation or temporary accommodation closer. No error of law. Disqualification reduced to minimum of 1 week.
Decision 14105
Full Text of Decision 14105
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
The Board seems to rely on jurisprudence that neither inconvenience nor travelling time constitute just cause and that transportation is a direct responsibility of the claimant. I disagree. Transportation can be a problem that may justify leaving.
Decision 14026
Full Text of Decision 14026
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Moved from Barrie to Angus (12 miles) and family car broke down. Clear that claimant did not have just cause. Had she asked for a leave of absence, it would have been granted. Public transportation available but not adequate. Disqualification reduced to3 weeks.
other summary
| Other Issue(s): |
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| availability for work |
restrictions |
geographical area |
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Decision 13773
Full Text of Decision 13773
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
It is clear that if one is forced to quit for reasons beyond control, this is with just cause. But distinction to be made between this and transportation difficulties used as an excuse. No evidence of any effort to find private arrangements to enable her to commute. 20 miles.
Decision 13016
Full Text of Decision 13016
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Claimant's reasons are by no means trivial, but good cause is not just cause. Not a fair trial: 6 days. No attempt to remedy high commuting costs by asking employer partial reimbursement. No attempt to seek other work. Disqualification reduced from 5 to3 weeks.
other summary
| Other Issue(s): |
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| penalties |
reason for separation |
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Decision 11351
Full Text of Decision 11351
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Employee's responsibility to arrange transportation and he was aware of the difficulties when he accepted the job. 20 miles away. Did not exhaust all efforts to make alternate arrangements.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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| voluntarily leaving employment |
working conditions |
unsatisfactory |
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Decision 11175
Full Text of Decision 11175
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
transportation difficulties |
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Summary:
Waitress lost means of transportation; 15 mile trip. According to board, should have gone to live closer. Nothing in Act requires person to move. No public transport. 6 week disqualification reduced to 1.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
transportation difficulties |
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