Summary of Issue: Legislation


Decision A-0277.98 Full Text of Decision A-0277.98

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

After hearing the facts, BOR found that the claimant had just cause to quit his job because he had no alternative and also recognized that the employment tried out for a very short period (three days) proved unsuitable. Umpire reversed this decision. FCA found that the BOR had made findings of fact from the evidence before it. Without a transcript of this evidence, the Umpire could not know the evidence on which the BOR had based its decision, much less find it insufficient to justify the claimant's decision to quit.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof charter

Decision 36862 Full Text of Decision 36862

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

BOR based its conclusion solely on the medical certificates and ignored all other reasons given by claimant seeking early retirement. BOR's decision was made without regard to the totality of the material before it, and hence, must be reversed on the facts. In failling to distinguish between "personal reasons" and "just cause" for voluntary leaving his job is erroneous in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof weight of statements
board of referees errors in law burden of proof

Decision 27407 Full Text of Decision 27407

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

The only evidence before the Board was the uncontroverted evidence of claimant herself. It is true the onus is on her to show just cause. However, where the CEIC fails to adduce any evidence whatsoever to contradict a claimant's explanation, she must be considered to have met the burden upon her.


Decision 27136 Full Text of Decision 27136

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

It is established law that the Commission must first establish that the leaving was voluntary (see CUB 16217). Consequently, the Board errs in law and fails to exercise its jurisdiction where it fails to address the issue of voluntariness prior to considering the issue of just cause.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability voluntary leaving defined

Decision 26133 Full Text of Decision 26133

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

The burden is on the Commission to show that the leaving was voluntary. Once this is established the onus shifts to the claimant to demonstrate just cause. The evidence is clear that her employer did nothing to push the claimant out of her job. She quit quite voluntarily.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct alcohol, drugs and gambling
voluntarily leaving employment personal reasons gambling addiction

Decision 24311 Full Text of Decision 24311

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

The jurisprudence is clear that the onus is on the Commission to establish the leaving was voluntary, that is, that the claimant took the initiative in severing the employer-employee relationship. If that is established, the onus then shifts to the claimant to establish just cause.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability tantamount to leaving

Decision 20089 Full Text of Decision 20089

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

The burden of establishing voluntary leaving rests with the Commission. Only when that is established does the onus shift to the claimant to establish that leaving was with just cause.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions change

Decision 16956 Full Text of Decision 16956

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

Claimant says the Board did not prove just cause to disqualify him. It is not up to the Board to establish just cause. Rather, where he is found to have left voluntarily, he must establish just cause for so doing or the Commission is obliged to impose adisqualification period.


Decision 16217 Full Text of Decision 16217

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

The issue is twofold: (1) whether the leaving was voluntary; and (2) whether claimant had just cause in leaving. It is incumbent on the Commission to show that the leaving was voluntary but, once that has been established, the onus shifts to claimant toshow just cause.


Decision 14555 Full Text of Decision 14555

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

Initially, it is up to CEIC to establish that the worker voluntarily abandoned his job after which it is up to him to demonstrate that he was justified in doing so.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions change

Decision 14056 Full Text of Decision 14056

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation burden of proof
Summary:

No obligation for claimant to disprove the Commission's position that she left without just cause. The Board must weigh the evidence for itself and decide what conclusion is appropriate. The Commission's version should not be presumed to be accurate.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction independent decision-making

Decision A-0126.97 Full Text of Decision A-0126.97

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter
Summary:

Claimant left job in Nova Scotia to live with her boy friend in Windsor, Ont. Disqualified for V.L. without just cause. Appeal not based on the "common law relationship" argument but on Charter and Constitution Act, which guarantee the claimant's rights to move and take up residence, and to pursue the gaining of a livelihood, in any province. The UI Act provides a scheme of insurance for persons who become unemployed, not mobility insurance ruled the Umpire. The Act does not place any barrier nor discriminate against anyone on the basis of provincial residence. Claimant disqualified because she voluntarily left her employment in circumstances in which it cannot be said that she did not have any reasonable alternatives. Appeal summarily dismissed by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system

Decision 19620 Full Text of Decision 19620

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter
Summary:

History of s.29 (union membership protection) and s.31 (labour dispute provisions) over the years since 1920 examined.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
labour dispute loss of employment definition

Decision 11412 Full Text of Decision 11412

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter
Summary:

S.28 and Charter permit a balancing between freedom of religion and contractual rights. Whether reasonable efforts by both employer and employee to accommodate each other's needs. Leave not discussed prior to hiring. 4-week disqualification proper.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons ethical considerations

Decision 11134 Full Text of Decision 11134

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter
Summary:

It was argued that s.41 and 43 infringe one's freedom to choose whether to remain in a particular job. I do not agree. What is at stake here is not freedom to work or resign but eligibility for UI benefits. See SILVESTRE.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions unsatisfactory

Decision 74609 Full Text of Decision 74609

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

The issue in the present appeal is whether or not the claimant had just cause for voluntarily leaving his employment. The employer now appeals to the Umpire alleging the Board made an error of law. There is no doubt in this case that the claimant left voluntarily to take the job with the new truck owner and the Board finds this as a fact. In the case at hand both the claimant and the employer agree that the claimant did have other employment before quitting the job. He went beyond reasonable assurance and did exactly what the Act required of him. He did what a reasonable man would do. The appeal by the Employer is dismissed by the Umpire.


Decision A-0012.02 Full Text of Decision A-0012.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

The Commission disqualified the claimant on the grounds that he had not demonstrated just cause for voluntarily leaving his employment. The Court determined that the question of whether the claimant voluntarily left his employment without just cause was one of facts and could find no error in the conclusion of the Umpire.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction request for review new facts to BOR, Umpire or Commission

Decision A-0141.97 Full Text of Decision A-0141.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

Quit her job after refusing two alternatives as neither allowed her to work full time during the day. Umpire found that just cause was implicitly considered by the BOR when it found that the employer had in good faith made reasonable offers of job to the claimant. FCA disagreed with the Umpire's conclusion finding that the BOR did not fully consider whether the claimant had just cause for leaving her employment. By focusing almost exclusively on the issue of whether the employer's re-organization of its business was done in good faith, the BOR failed to have proper regard for the statutory test for just cause as it found in subsection 28(4) of the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law misinterpretation of facts

Decision 39678 Full Text of Decision 39678

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

Subsection 28(4) exempts claimants from the strict enforcement of 28(1) if they can show that they had no reasonable alternative to leaving the employment. Work that constitutes a danger to health or safety is a valid exemption. However, everything must be examined in context and this must be the only reasonable alternative in their case. This evidence must be objective, unemotional and not subjective; there must be an objective conclusion based on actual unapprehended facts.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause no reasonable alternative

Decision 38804 Full Text of Decision 38804

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

According to case law, in order for a claimant to prove that there was just cause for leaving one's employment for medical reasons, three conditions must be met: 1) claimant must provide medical evidence to substantiate the claim, and this evidence should indicate that the claimant was obliged to leave work due to the medical condition; 2) claimant must demonstrate that he or she had attempted to reach an agreement with the employer to accomodate health concerns; and 3) must prove that he or she attempted to find alternative employment prior to leaving.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment health reasons

Decision 36997 Full Text of Decision 36997

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

Board erred, by employing the wrong context for determining "just cause". The Board did by improperly substituing an anlysis of whether the claimant was justified in not contacting his employer, rather than considering whether, in the circumstances, the claimant had "just cause" in leaving his employment, pursuant to s.28 of the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause definition
voluntarily leaving employment applicability jail sentence

Decision 30187 Full Text of Decision 30187

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

There are two parts to s.28(4). One, if the claimant can bring himself or herself within any of the subsections (a) to (n) then he or she has shown just cause. If not, then has he or she shown that there was no reasonable alternative to immediately leaving the employment? Approach found unacceptable

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member

Decision 22223 Full Text of Decision 22223

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

There are two difficulties with the Board's decision. The first is that a significant issue is not dealt with: whether the claimant voluntarily left his employment or whether he was dismissed (fired). The issue of just cause only arises if the claimant voluntarily left his employment. The distinction between a voluntarily leaving and a dismissal is very significant. In the case of a voluntary leaving, the claimant is required to prove that he had just cause for quitting. In the case of a dismissal, the burden of proof of misconduct is on the Commission, or the employer.


Decision 21681 Full Text of Decision 21681

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

Factors to examine: Was claimant's action taken spontaneously? Did he make any attempt to obtain redress? Did he give himself or his employer time to work out differences? Did he seek alternate employment? Were his grievances of his own making or purelysubjective?

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment relations at work foul language
voluntarily leaving employment working conditions unsatisfactory
voluntarily leaving employment just cause definition

Decision 17373 Full Text of Decision 17373

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

The Board of Referees had to decide (1) whether the claimant had voluntarily left the job; (2) if so, was he justified in doing so; (3) if not, should the disqualification period imposed by CEIC remain unchanged.


Decision 16824 Full Text of Decision 16824

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

It is the function of the Board to determine whether the separation was voluntary and if so, whether claimant acted with just cause. If voluntary and without just cause, the Board must consider whether the period of disqualification is appropriate.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law not applying jurisprudence
board of referees jurisdiction reason for existence of boards

Decision 15896 Full Text of Decision 15896

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

After having reached the conclusion that this constitues voluntary termination, the Council had to examine the reasons why the insured took this course of action. Failure to do so constitues an error in law. The Board must examine this aspect and reach a decision.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability ultimatum
board of referees errors in law decision incomplete various

Decision 14251A Full Text of Decision 14251A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

The Board reduced the disqualification to 3 weeks but the issues of misconduct or voluntarily leaving were not addressed at all by the Board and that constitutes an error of law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability ultimatum
board of referees errors in law decision incomplete various

Decision 15062 Full Text of Decision 15062

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

2 main points: whether there was voluntary termination of employment, and if so, whether there was justification. If the answer to the latter question is negative, the period of disentitlement must be established. In this case, the Board reduced disentitlement without even first considering whether the termination was justified.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions dangerous

Decision 14308 Full Text of Decision 14308

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

The Board looked only to the voluntary leaving and failed to address the question of just cause. That failure constituted an error in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
voluntarily leaving employment new employment not definite
board of referees errors in law decision incomplete various

Decision 12122 Full Text of Decision 12122

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
Summary:

Two issues exist in relation to voluntary leaving: first, was there a voluntary separation from employment by the employee and if so, was there just cause for it.


Decision 41132 Full Text of Decision 41132

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

Act does not require that it be an emergency situation that leads to separation from employment as a result of significant changes in working conditions, but that the changes be significant and that, in the circumstances, leaving be the only reasonable alternative.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause significant change in salary
voluntarily leaving employment working conditions change
board of referees rules of construction legal presumption

Decision 42097 Full Text of Decision 42097

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

Claimant left his job to attend technical school to further his education and to enhance the possibility of him receiving a better job. There is abundant jurisprudence which indicates that a person cannot leave a position to return to school and receive benefits, unless this is a course which receives the approval fo the Commission which was not the case here.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study
availability for work courses purpose of the legislation

Decision 41404 Full Text of Decision 41404

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

Citing numerous decisions of the FCA, Umpire found that the EI Act is not designed to pay for the education of a person who leaves a steady position to attend school.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study

Decision 23853 Full Text of Decision 23853

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

Claimant made the choice to quit and although that choice was his to make, the Act is clear that he must have just cause for the choice before the burden of his unemployment can be passed on to others. Such is clearly not the case here.


Decision 21619 Full Text of Decision 21619

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

Unfortunately for him, it is not just looking or seeking another job but actually arranging for one before quitting that is required. It is not appropriate that a person quit a job and expect the taxpayer to pay him from the UI monies. A penalty is imposed for that very reason.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement

Decision 16306 Full Text of Decision 16306

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The legislator does not want workers to quit without serious reason. The objective is to encourage them to keep their jobs, not to quit them as the mood suits them. Disqualification must be the rule; while it should really be 6 weeks, it should also rarely be cancelled.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons moving

Decision 15749 Full Text of Decision 15749

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The principle behind UI is to assist those who lose their employment due to circumstances somewhat beyond their control. When decision to leave is taken voluntarily, it must be shown that the choice was forced upon claimant by unacceptable conditions.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons accommodation

Decision 13329 Full Text of Decision 13329

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The purpose of the UI scheme is to indemnify claimants who are unemployed for reasons beyond their control, not to those who lose earnings by voluntarily and without just cause quitting their job.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases retroactive disqualification

Decision 13183 Full Text of Decision 13183

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The UI scheme is intended to provide benefits for those claimants who involuntarily lose their employment through no fault of their own.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions unsatisfactory
availability for work applicability days of work

Decision 12913 Full Text of Decision 12913

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

UI is intended to provide relief to those who involuntarily lose their employment and accordingly s.28 and 30 disqualify claimants who have voluntarily left their employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment relations at work unhappy atmosphere

Decision 12125 Full Text of Decision 12125

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The purpose of UI is to provide relief to persons who become involuntarily unemployed and accordingly the UI Act disqualifies claimants who have voluntarily left their employment without just cause for periods of up to six weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons ethical considerations

Decision 11565 Full Text of Decision 11565

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

The principle underlying s.41 is that the risk being insured against is an involuntary separation from employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability maternity leave

Decision A-1458.84 Full Text of Decision A-1458.84

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation rationale
Summary:

S. 28 is part of an Act that establishes a system of insurance against unemployment and its provisions must be interpreted having regard to the obligation that normally rests on any insured not to deliberately cause the occurrence of the risk. [p. 6]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons altruistic considerations
voluntarily leaving employment personal reasons monetary considerations
voluntarily leaving employment just cause definition
voluntarily leaving employment personal reasons retirement
voluntarily leaving employment new employment a requirement
board of referees errors in law meaning of a term
voluntarily leaving employment new employment delay between two jobs
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