Summary of Issue: New Employment


Decision A247.17 Full Text of Decision A247.17

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

This is an application for Judicial Review of an SST-Appeal Division decision which upheld the SST-General Division decision that the claimant was not entitled to regular EI benefits confirming the establishment of an overpayment. Before the FCA, the claimant claimed that the SST-General Division and SST-Appeal Division erred in several factual findings and made incorrect statements. The General Division had determined that Mr. Mehra was ineligible to receive employment insurance benefits because he had recently left an employment voluntarily and without just cause. The Appeal Division concluded that there was no reason to interfere with the General Division’s credibility finding. The appeal was dismissed. The application for judicial review was also dismissed.


Decision 76151 Full Text of Decision 76151

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

The claimant voluntarily left his butcher employment on June 28, 2009, without just cause. He could no longer cope, was fed up and more mentally than physically tired, but he did not consult a doctor. He was guaranteed 25 hours a week; but was working 40 hours a week. The claimant stated that he was guaranteed a new job before leaving his first employment, and that he knew that it was a seasonal position and that he would be laid off in the winter. The claimant took a vacation and thus waited 13 weeks before starting to work as a carpenter at the end of September before being laid-off. The claimant was thus somewhat responsible for his own unemployment. The appeal by the Commission is allowed.


Decision A-0249.01 Full Text of Decision A-0249.01

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

The claimant left his employment to complete a thirteen week training course in policing techniques. At the end of the course he was hired as a police officer. The Board of Referees ruled that the claimant had just cause to leave his employment since he had reasonable assurance of another employment within a reasonable time. The Federal Court of Appeal emphasized that subparagraph 29(c)(vi) assumes three things: reasonable assurance, another employment and the immediate future. The Court determined that the Board of Referees committed an error in law in confusing "a reasonable time" and "the immediate future." The Court doubts that there can be reasonable assurance of another employment when obtaining the employment is conditional on completion of a thirteen week course which has not yet been started. The Court finds that such employment does not constitute employment in the immediate future.

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

Decision 48985A Full Text of Decision 48985A

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

See summary indexed under FCA A-249.01

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

Decision 25007 Full Text of Decision 25007

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
Summary:

It is argued that he had "to be by the phone" all day. As a claimant, and as a part-time worker, he had to make phone calls to show his availability to the trucking company, but that did not, to my mind, preclude him from looking for other suitable full-time employment if that was his desire.

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

Decision 23299 Full Text of Decision 23299

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
Summary:

The fact is she had not found another job before quitting and there is nothing in the facts to suggest that circumstances at work were so very difficult for her that it was not reasonable for her to keep on working until she found another job. She herself recognized that she had overreacted.


Decision 21619 Full Text of Decision 21619

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
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 legislation rationale

Decision 20926 Full Text of Decision 20926

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
Summary:

With no other employment in sight, a claimant must have a very good and compelling reason, i.e. an intolerable employment situation, before she quits her job.

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

Decision 17514 Full Text of Decision 17514

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
Summary:

While it is always difficult to seek other work while still employed full-time, jurisprudence is quite constant that one who leaves work voluntarily without having other employment to go to is deemed to have acted imprudently and to have lost his employment without just cause.


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 new employment a requirement
Summary:

He may have taken steps to minimize that risk, by obtaining a promise of immediate fresh employment. Any change of employment is likely to involve some risk of temporary unemployment and the question is whether claimant's conduct such as to create unreasonable risk. [p.8-9] L'employé qui a quitté volontairement son emploi et n'en a pas trouvé un autre s'est placé délibérément dans une situation lui permettant de forcer des tiers à lui verser des prestations. Conduite excusée s'il croyait qu'il ne serait pas en chômage. [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 legislation rationale
voluntarily leaving employment personal reasons retirement
board of referees errors in law meaning of a term
voluntarily leaving employment new employment delay between two jobs

Decision 10829 Full Text of Decision 10829

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment a requirement
Summary:

Was insured's situation so untenable, so intolerable, that he could leave without first finding employment elsewhere? Did he take all necessary steps to remedy situation? These are questions to be asked.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute regularly engaged definition
voluntarily leaving employment working conditions salary

Decision 75300 Full Text of Decision 75300

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

The claimant had accepted a job in Iqaluit, Nunavut for a period of 40 days. The claimant arrived on the work site on August 6, 2009, but quit three days later and went home. His explanation for leaving was that in his opinion, the surveying equipment made available to him was not functioning properly. He also stated that on leaving, he had the assurance of another employment. In the end, however, he did not start that job until August 24.The supervisor affirmed that the claimant wanted to leave because he was homesick. The claimant had purchased his return plane ticket before even telling his supervisor about the equipment possibly being faulty, which was doubtful. The appeal by the claimant is dismissed by the Umpire.


Decision A-0346.03 Full Text of Decision A-0346.03

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

The claimant quit his part-time job without just cause and was laid-off from his full-time job a few weeks later. The Court allowed the appeal saying the claimant had reasons to believe that his full-time employment would continue.

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

Decision 57411 Full Text of Decision 57411

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

Refer to summary indexed under FCA A-0328.03 http://www.ae-ei.gc.ca/policy/appeals/Federal-Court/A032803E.html


Decision 36285 Full Text of Decision 36285

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

Reasonable assurance of another employment has been interpreted by Umpires to mean reasonable assurance of other job that is either f/t or which pays enough that no burden falls on others because the employee does not seek benefits to make up for a shortfall in income.


Decision 29435A Full Text of Decision 29435A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

Claimant must have reasonable assurance of another job before terminating existing employment. The mere expectation of a job on the basis of a friend's hearsay promise does not constitute just cause within S.28 of the UI Act. No evidence that claimant had ever had any contact with alleged employer.


Decision 27800 Full Text of Decision 27800

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

The fact that claimant did not search for employment before she left Regina to move to Quebec is not significant in this case. She did not do so because the distance between the two places is so great. To seek alternate employment before leaving is not required when it is impractical to do so.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause to accompany spouse
board of referees legislative authority charter
voluntarily leaving employment just cause marriage and move

Decision A-0492.94 Full Text of Decision A-0492.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment applicability
Summary:

A person who leaves his or her employment in order to begin a new job will not be disqualified should the new employment fail to materialize. However, the claimant did not leave her position with the expectation of securing employment in the near future. She cannot fall within para. 28(4)(f).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue
basic concepts disqualification length indefinite
voluntarily leaving employment new employment employment defined
voluntarily leaving employment applicability employment definition

Decision 73482 Full Text of Decision 73482

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

The employer stated that the claimant quit his job because he had another job. The claimant disputes this decision stating that he was working only one day a week. In this case, the claimant quit his employment because he had found another job that was going to start some 45 days in the future. He chose to take the time off for vacation. The Umpire stated that the claimant made an unfortunate decision but a personal choice, as he could have stayed in his employment until the new job started. The appeal of the claimant is dismissed.


Decision 65463 Full Text of Decision 65463

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

The claimant quit his employment because he had found another job that was going to start some 45 days in the future. He chose to take the time off for vacation. The Umpire stated that the claimant made an unfortunate decision but a personal choice to quit his employment before he found immediate employment, 45 days hence was not immediate employment and he could have stayed in his employment until the new job started. The judge concluded that the claimant did not show that he had no reasonable alternative to leaving.


Decision 47940 Full Text of Decision 47940

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Claimant was working as a bar tender when his father, who had run a barber shop for many years, died. Agreement amongst the family that if claimant became a barber he would have the equipment and the stand. Claimant quit his job and took a barbering course. The BOR stated that the claimant had reasonable assurance of another employment in the immediate future and that he had quit with just cause. Error in law ruled the Umpire. The claimant's action was immediate but the employment itself required the wait of a period of 24 weeks during the training.

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

Decision 41154 Full Text of Decision 41154

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Clmt quit his job on June 30 because he was assured of another job with former employer to commence mid July. JA concluded that there was no urgency to leave his employment particularly as he was not guaranteed work until the middle of the next month.


Decision A-0343.94 Full Text of Decision A-0343.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Wanted a career change from clerk to teacher. Hired as occasional teacher 31-1-92 conditional upon obtaining a Letter of Standing. This materialized 12-3-92. Relevant CUBs examined. The Board made no capricious findings of facts as per Umpire. Umpire not allowed to reduce length of disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision 24538 Full Text of Decision 24538

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Refer to: A-0343.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision 26788 Full Text of Decision 26788

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Counsel for claimant disputed that claimant had no reasonable assurance of other employment in the immediate future. The claimant became self-employed shortly after leaving the employer. Even if the claimant pursued self-employment, he did collect UI benefits.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause significant change in salary

Decision 25400 Full Text of Decision 25400

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

I believe that means that the Board directed its mind as to whether the claimant had a reasonable alternative to quitting and it concluded that she did because until she had a firm arrangement for other employment she could and should have continued to work.

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

Decision 25018 Full Text of Decision 25018

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

In general, individuals do not leave employment in order to find other employment. They usually arrange their job search efforts around their existing job so that they retain some employment in case their job search efforts are not successful.

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

Decision 24202A Full Text of Decision 24202A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

There is, however, evidence that he did try and find employment from 16-9. This, of course, is evidence after the fact of his quitting. The jurisprudence shows that attempts should be made to find a position before one quits a job.


Decision 24261 Full Text of Decision 24261

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

The commencement date of that other job was uncertain and did not commence until 3 weeks after. The Board found that he quit without just cause. The effect of the Board's conclusion is that he ought to have remained at his job until he was ready to commence at the other one. I accept that logic.


Decision 12767 Full Text of Decision 12767

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

Claimant must show that he found another employment before leaving or, at least, that he had very strong probability of finding employment in very near or immediate future. One month and a half is too long.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure requests for information
basic concepts disqualification and disentitlement
voluntarily leaving employment working conditions unsatisfactory

Decision 12000 Full Text of Decision 12000

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs
Summary:

The fact that he found this job very quickly indicates he was not merely willing to be idle and subsist on UI but he may have been hasty in abandoning it. His justification for doing this so quickly is not just cause but disqualification reduced to 2 weeks.


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 new employment delay between two jobs
Summary:

He may have taken steps to minimize that risk, by obtaining a promise of immediate fresh employment. Any change of employment is likely to involve some risk of temporary unemployment and the question is whether claimant's conduct such as to create unreasonable risk. [p.8-9]

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 legislation rationale
voluntarily leaving employment personal reasons retirement
voluntarily leaving employment new employment a requirement
board of referees errors in law meaning of a term

Decision 63144 Full Text of Decision 63144

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment employment defined
Summary:

The Umpire finds that reasonable assurance of another employment in the immediate future is not applicable in this case and that it cannot be maintained that taking a job as a volunteer constitutes just cause within the meaning of paragraph 29(c)(vi).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction evidence new witnesses

Decision A-0492.94 Full Text of Decision A-0492.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment employment defined
Summary:

Left to take a course. The argument that she falls within para. 28(4)(f) on the basis that her internship constituted employment, albeit without remuneration, is not valid. Remuneration, actual or eventual, for the services rendered is necessary in order for a job to constitute employment (BERUBE).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue
basic concepts disqualification length indefinite
voluntarily leaving employment new employment applicability
voluntarily leaving employment applicability employment definition

Decision 20472 Full Text of Decision 20472

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment honest trial
Summary:

There is just cause for leaving employment after a brief trial when it becomes apparent that the duties to be performed are not those anticipated by the employee and are not clearly within the range of skills for which he has been qualified by training and previous employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties negligence

Decision 19324 Full Text of Decision 19324

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment honest trial
Summary:

Day care worker in a nursery who, after a few days' trial as is the practice in that occupation, was unable to establish her authority with the particular children and could not control their misbehaviour. She had just cause for leaving.


Decision 11656 Full Text of Decision 11656

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment honest trial
Summary:

No effort to adjust herself to her new type of work. Hardly in a position after 2 days to make an informed decision with respect to its future prospects. Falls in the category of those who impetuously leave without extenuating circumstances. 6-week disqualification proper.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined

Decision A0437.11 Full Text of Decision A0437.11

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

The applicant applied for benefits and stated that he had left his job working for a geological company for a better job with a different company that never materialized as he had failed a drug test while he was in training for the new job. The Commission denied his claim on the basis that he had voluntarily left his employment without just cause. The claimant asked the Umpire to reconsider his initial decision on the basis of new facts pursuant to section 120 of the EI Act. The FCA found that the claimant had voluntarily left his job without “just cause” and he had no reasonable assurance of employment in the near future when he had quit the job. On the Umpire’s decision refusing to reconsider the initial decision on the basis of new facts, the FCA found that there was no error in the Umpire’s finding.


Decision A0032.12 Full Text of Decision A0032.12

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

The claimant applied for benefits and stated that he had left his job working for a geological company for a better job with a different company that never materialized as he had failed a drug test while he was in training for the new job. The Commission denied his claim on the basis that he had voluntarily left his employment without just cause. The claimant asked the Umpire to reconsider his initial decision on the basis of new facts pursuant to section 120 of the EIA. The FCA found that the claimant had voluntarily left his job without “just cause” and he had no reasonable assurance of employment in the near future when he had quit the job. On the Umpire’s decision refusing to reconsider the initial decision on the basis of new facts, the FCA found that there was no error in the Umpire’s finding. Application for judicial review dismissed.


Decision 74439 Full Text of Decision 74439

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

While receiving EI benefits, the claimant worked for two and a half days and then quit. In his regular reporting to the Commission the claimant failed to mention as required that he had quit. When confronted with his incorrect reporting the claimant indicated having left his employment in the expectation of obtaining a more suitable job that he did not get. The Commission decided that the claimant had failed to demonstrate that he had no reasonable alternative but to leave his employment before securing another job, that he had made a personal choice in leaving the employment he had in order to look for work elsewhere while the possibilities were uncertain, and that therefore he alone should bear the consequence of his decision. Following this finding, the Commission imposed upon the claimant an indefinite disqualification to benefits effective the week of separation from employment. This decision resulted in an overpayment, a subsequent penalty as the claimant had incurred prior violations within the last 5 years, with a notice of violation. The appeal by the claimant is dismissed.


Decision 71123 Full Text of Decision 71123

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

The claimant left his employment with a systems company to accept employment with "police services". He later provided a letter confirming that he had a promise of employment from the "police services". This letter also indicated that the offer of employment was conditional on the claimant completing a course at the "School Training for Police". Unfortunately, the claimant failed a part of his course and his attendance at the program was terminated. He therefore could not obtain the employment he expected to get. It is well established in the jurisprudence that one cannot establish that he has a reasonable assurance of employment in the immediate future if such employment is conditional on the completion of a course (A-249-01 and A-562-04). The appeal is dismissed.

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

Decision 70741 Full Text of Decision 70741

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

The claimant had to complete a three-month practicum to obtain her teaching degree. She did not have a contract or even the promise of a contract before she quit her job at the store and could not have one before she completed her three-month practicum. She quit her job to complete her practicum in an area where she firmly believed she would obtain a position as a teacher. Relying on the decision in A-249-01, the Umpire stated that to show the assurance of employment in the near future, a claimant has to establish that she had an offer of employment from the new employer and the job she hopes to obtain is not conditional on a training practicum that has not yet been completed or undertaken.


Decision 63067 Full Text of Decision 63067

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

The Umpire concluded that the BOR failed to consider the documentary evidence on file showing that the claimant did not establish she had just cause to leave her employment and failed to show it was the only reasonable alternative in her case. The Board must satisfy itself that there is some objective basis upon which a "reasonable assurance" of another employment in the immediate future existed.


Decision A-0041.02 Full Text of Decision A-0041.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Claimant left his job to commence an 8 week training course. Prior to leaving his employment, the claimant made arrangements for alternate employment effective upon completing this training course. The FCA held that to quit one's job to attend school is not considered just cause under the Act and the jurisprudence. Nor was there a "reasonable assurance" of a new job, as defined in the Act, given the conditional nature of the offer.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause no reasonable alternative
voluntarily leaving employment personal reasons courses of study
reconsideration of claim errors by Commission not a ground of entitlement

Decision 42538 Full Text of Decision 42538

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Clmt quit after being assured that employment by the prospective employer seemed "probable". Umpire stated that the word "problable" used by the employer lends support to the claimant's reasonable assurance of another employment.

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

Decision 30992A Full Text of Decision 30992A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Left employment for a job opportunity. Claimant required however to pass a fitness test and an interview but did not succeed. Held that there must be reasonable assurance of his getting employment before leaving one job. The jurisprudence is clear that hopes, even high hopes, are not enough.


Decision 31606 Full Text of Decision 31606

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Claimant "felt" he had a specific job; not corroborated by perspective employer. That a claimant felt there was a job for him is not equivalent to a "reasonable assurance". The Board must satisfy itself that there is some objective basis upon which a "reasonable assurance" existed.


Decision 28604 Full Text of Decision 28604

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Had interview with prospective employer in another city. Felt her interview was so successful that she was assured of employment. She terminated her present employment only to be told 2 weeks later that she did not have the job. Held that just cause requires that she had no alternative to leaving.


Decision 26924 Full Text of Decision 26924

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Part-time worker in Toronto. Decided to go to her family home in Calgary to look for full-time work. Was told by the manager that there should be no difficulty finding part-time work with same company in Calgary. As this materialized as predicted, it casts a different complexion on her action.


Decision 21465A Full Text of Decision 21465A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Possibility of a job mentioned to her in April depending on whether funding was received. In June she signed a contract contingent on funding being received. It was not until September that funding was assured. Not the type of circumstances in which oneis justified leaving assured full-time work.

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

Decision 21694 Full Text of Decision 21694

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Was offered work elsewhere at a much higher wage. The CEIC argues that the UI fund should not be expected to bear the cost of one moving from permanent to casual work so as to potentially earn more in the long run. However she did not expect to have to apply for UI when she left.


Decision 18844 Full Text of Decision 18844

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Leaving employment voluntarily merely acting on a report that another job is available, without checking that it is and without an offer of employment in the other job, does not constitute just cause.


Decision 17550 Full Text of Decision 17550

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Quit to find job in English. Praiseworthy that someone wants to learn 2nd language if person quits job and starts looking for another immediately in that 2nd language; exclusion should be minimal. 2 weeks at most.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions language at work

Decision 17557 Full Text of Decision 17557

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Welder who on 20-12 leaves his job as taxi driver for the last 6 months upon seeing advertisements in paper that 2 firms would need welders in the new year. This materialized 15-2. No evidence he had secured a job before he quit. 2-week disqualificationupheld.


Decision 14702A Full Text of Decision 14702A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

She impressed me as credible witness. She stated she fully expected to be engaged immediately. The fact she was in the end hired albeit several weeks later is a factor. She made every effort to become and remain employed. Now working for less than UI. Reasonable decision to quit.


Decision 14649 Full Text of Decision 14649

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Left full-time to work for H & R Block which he understood to be full-time all year round, not merely during income tax return period. Somewhat imprudent in not acquiring a firm confirmation prior to leaving. Disqualification reduced from 3 to 1 week.


Decision 14308 Full Text of Decision 14308

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Claimant left because he had been offered a better paying job with another employer, and in anticipation that he would be called almost immediately. Attended an orientation interview and placed on standby list. Credible evidence of justification for leaving.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine
board of referees natural justice defined
board of referees errors in law decision incomplete various

Decision 13495 Full Text of Decision 13495

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Voluntarily leaves employment at $13 per hour to accept $24. Finally refuses the latter employment because he would have received $22 an hour. There is no question he had just cause. The applicable provision is rather s.40.


Decision 13373 Full Text of Decision 13373

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

I am unable to understand why a disqualification was not imposed. The fact that the transition from Canadian teaching to Australian teaching could not happen overnight imposed a cost which need not necessarily be borne by the UI fund.


Decision 12622 Full Text of Decision 12622

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Disqualified 6 weeks. Given the fact that the claimant had only an expectation of employment with Westran, it was open for the Board to conclude that it was not reasonable for him to leave his employment with Barnes Security.


Decision 12225 Full Text of Decision 12225

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Unfortunately the new company postponed the date of the start of his employment. The net result of this was that there was a gap. That was no fault of his. His expectation was that he would move immediately from that job to another.


Decision 11635 Full Text of Decision 11635

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Applied for employment elsewhere to be preceded by short training period. Since she was in embarassing situation, decided to leave before she knew starting date. It then became apparent she had left 2 months two early. 6 week disqualification reduced to 1.


Decision 11453 Full Text of Decision 11453

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Sincerely believed that signing an offer of temporary employment would bind her for the duration of the term, so left to accept permanent employment elsewhere for which arrangements not definite. Did not discuss with present employer. 3-week disqualification proper.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length

Decision 11059 Full Text of Decision 11059

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite
Summary:

Claimant had only 4 weeks left on contract, so it was quite natural he would seek other employment. It would have been more prudent for him to know all the details of the new job before leaving but sincerity not questioned. Disqualification reduced to 3weeks.


Decision A0262.10 Full Text of Decision A0262.10

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment on call
Summary:

The claimant voluntarily left her employment for training at a health centre where she would be working «on call». The FCA held that a claimant's desire to improve his or her financial situation does not amount to just cause for voluntarily leaving an employment under 29(c) of the EIA. Further, by accepting an «on call» position, the claimant knew she would likely have periods of unemployment. Finally, the circumstances outlined at s. 29(c) of the EIA are those that existed at the time she left her employment. As such, the BOR erred by relying on hours the claimant had accumulated after she left her employment.


Decision 72612 Full Text of Decision 72612

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant took a year of leave without pay from her job where she worked an average of 25 to 30 hours per week, so that she would be available to work part time at the health centre, which offered more hours of work in the summer and a higher rate of pay than the cooperative. The case law has established that leaving permanent employment for part-time or on-call employment does not constitute just cause within the meaning of the Act even if the new job offers better pay and benefits. As per the Umpire, the Commission's appeal is allowed.


Decision 70209 Full Text of Decision 70209

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant quit her full-time job to be available on the call-back list for a part-time job with a School Board which was more advantageous in terms of benefits and salary. She offered her old employer to work on the days when she was not on call at the School Board. The umpire concluded that, in accepting work where the hours were neither planned nor scheduled on a consistent basis, the claimant caused her own unemployment.


Decision 65892 Full Text of Decision 65892

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant held a full-time job and a part-time job at the hospital for which she had been trained. The claimant had the choice to make herself available in her full-time job as required by the employer but chose not to do because she did not want to stop her part-time work at the hospital. Whether the claimant's decision constituted voluntarily leaving or a dismissal does not change the fact that it is her decision that led to become unemployed.


Decision 49077 Full Text of Decision 49077

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant left his permanent full time job in order to accept a seasonal job, knowing well the temporary aspect of the job. Ruled by Umpire that although the claimant might very well be bettering himself and his standard of living for a short time by leaving his job, such action does not constitute "just cause" within the meaning of the law.


Decision 37981 Full Text of Decision 37981

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Giving up full-time employment for part-time employment, the extent of which is necessarily uncertain, cannot be considered as a reasonnable decision constituting just cause within the provisions of the UI Act for relying on unemployment insurance benefits during period of unemployment.


Decision 30822 Full Text of Decision 30822

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant left her full-time employment as a sales clerk to accept casual employment in her field of expertise (RN). No emergency situation forcing the claimant to leave her employment; could have remained employed as a sales clerk and search for work inher field.


Decision 29960 Full Text of Decision 29960

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Claimant quit her full-time employment to take a temporary higher paying job for six weeks as she knew she needed the money to go to University in the fall. The Act is not there to subsidize persons who might choose to take p/t employment for initial gain and then look to the fund for assistance.


Decision 24899 Full Text of Decision 24899

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

CUBs 21465A and 21694 referred to. Here claimant is only working 2 days a week plus 4 days in Vancouver. He has not been promised full-time employment. It may eventually turn into a full-time position but we do not know when and consequently the jurisprudence is very clear. This is not just cause.


Decision 21465A Full Text of Decision 21465A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment part-time
Summary:

Even if I were to find that claimant was reasonably assured of having new employment when she resigned, that employment was only for 1_1/2 days a week and thus she would not have been entitled, in any event, to place on others the burden of her unemployment for the remaining part of the week.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite

Decision A0002.13 Full Text of Decision A0002.13

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

The claimant had voluntarily left her full-time permanent employment with Erb to accept an ECE on-call temporary position with a school board. She worked as an ECE from October to December 2011, when she was laid off due to shortage of work. The Commission determined that she had voluntarily left her employment with Erb without just cause. In allowing the application for judicial review, the FCA stated that it is settled law that while it is legitimate for a worker to change the nature of their work, this cannot be done at the expense of the EI fund, and does not constitute just cause for leaving employment.


Decision 65803 Full Text of Decision 65803

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant had a full-time year around job which he quit for seasonal employment because it paid more. Claimant made a choice to try to make greater money by taking a job that was only seasonal and in fact turned out to be even less than that.


Decision 65819 Full Text of Decision 65819

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left his employment to accept another which offered a better salary. He knew the new employment was only a short-term contract with no reasonable assurance of permanency in the immediate future. Case law has established that, to demonstrate such assurance, a claimant must establish that the employment that was assured offered conditions of permanence equivalent to those of the employment he voluntarily left, even if the new employment offered a better salary.


Decision 66070 Full Text of Decision 66070

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

The claimant was aware of the fact that her temporary contract (with a school) would end June 30, 2005 and that she was able to resume her employment with the Library at the end of that contract. Although the claimant was reasonably certain she would be offered temporary work by the School for the fall term she did not receive a commitment of temporary employment until she received the letter of August 17, 2005. Claimant made a decision not to resume employment with the Library during the school break knowing that she might be without income during that period. That is the chance she took.


Decision 52849 Full Text of Decision 52849

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant quit a permanent job to work for 2 months for another company where he felt he had a reasonable assurance of full-time work with an opportunity to obtain superior work at higher pay. Held that leaving a full-time job to take a part-time one in the hope that it will become a full-time one does not meet the test for having been given a reasonable assurance of other work. Any subsequent hiring by the employer permanently was and remained an uncertainty.


Decision 50650 Full Text of Decision 50650

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant was only guaranteed 3 weeks' work but expected that the job would last much longer. It is apparent that the claimant left a permanent job for a job with an uncertain future. BOR ruled that claimant did not act as a reasonable person in leaving permanent employment for uncertain employment. Decision upheld by Umpire.


Decision 39870 Full Text of Decision 39870

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant made a personal choice to leave a permanent job for a seasonal one. He may have considered this a good cause but it is not just cause.


Decision 38444 Full Text of Decision 38444

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left his position only after he had procured another job. Although the latter job was temporary in nature, it was clear that employment was possible for permanent positions. Umpire stated that the Commission requirement, that the alternative employment be permanent in nature, is not consistent with the intent or spirit of the Act. Claimant did precisely what was expected of him.


Decision 32597 Full Text of Decision 32597

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Left p/t job for temporary employment. It is true that par. 28(4)(f) of the Act might seem to apply. The test however is what a reasonable person would do. It was not reasonable to leave a job, however precarious, for one known to be of only short duration. Did not leave to take a more secure job.


Decision 32152 Full Text of Decision 32152

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left a permanent job at $8.50/hour for temporary employment at $17.55/hour which lasted 2 months. The claimant knew the work was seasonal. Held that leaving a permanent job for temporary job to acquire a higher rate of pay does not fit within the definition of just cause.


Decision 28435 Full Text of Decision 28435

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left regular employment for seasonal work in a family enterprise being established and associated with the fishing industry. Employment unexpectedly terminated after 8 weeks. Held that it was open to the Board to find just cause in the particular circumstances of the case. No error of law or fact.


Decision 27969 Full Text of Decision 27969

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

A prudent person would not have left employment which did not fulfil her salary expectation but was permanent to accept seasonal work (duration: 3 weeks). She made a personal choice. Should have known that seasonal work to cut vegetables did not offer the permanency one can aspire to.


Decision 27846 Full Text of Decision 27846

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Was offered work for 5 weeks as a Grip on a television movie. His employer was unable to give him a leave of absence. He, therefore, chose to leave full-time employment for temporary work. His employment in the film industry is more lucrative while it lasts. This was a personal decision.

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