Decision A289.16
Full Text of Decision A289.16
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
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|
Summary:
The government imposed a policy change respecting members of the Canadian Armed Forces affecting the claimant. He began working full-time as a reservist after having retired from the military with 20 years of service and collecting his superannuation pension. The policy change meant that Canadian Armed Forces members collecting their pension should not be permitted to work full-time for the Canadian Armed Forces without having to recontribute to the superannuation plan. Rather than recontribute, the claimant chose to quit his full-time position, return to school and work part-time as a reservist. The Commission imposed a disqualification.The SST-General Division overturned this decision and determined that the claimant had just cause for leaving .This determination was upheld by the SST-Appeal Division. The SST-Appeal Division concluded that the decision was primarily a factual one and that the SST-General Division's determination was reasonable.The application for Judicial Review was dismissed.
Decision A0056.13
Full Text of Decision A0056.13
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
|
|
Summary:
Om March 25, 2012, the claimant left his employment. He stated that he had left his employment due to family problems that resulted from him being out of town for work and being only able to return once per month. The Commission imposed an indefinite disqualification under 29 and 30 of the EIA on the ground that the claimant had voluntarily terminated his employment without just cause. According to the Umpire, just cause must be distinguished from good cause. In this case, the claimant made a personal decision to leave his employment and failed to explore other alternatives to leaving his employment. The FCA detected no error in the Umpire's conclusion that the claimant's decision to return home was a personal one and that a personal decision does not constitute just cause for leaving voluntarily his employment.
Decision 77106
Full Text of Decision 77106
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
|
|
Summary:
The claimant left her employment because she felt the employer was pressuring her to quit or retire. The Commission denied her benefits because it was of the opinion that the claimant left without just cause according to the Act. The claimant acted spontaneously in a moment of emotional distress. She did not give her employer the time or opportunity to discuss and try to improve the situation. The appeal by the claimant is dismissed by the Umpire.
Decision 71654
Full Text of Decision 71654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
Study for an exam |
|
Summary:
The claimant indicated that he had two jobs and decided to leave his job with the golf club, the lower-paying of the two, so that he could spend more time on his studies. He was supposed to begin preparing for an exam administered by the Société des actuaires, and he was also taking Indonesian language courses because he was going to Indonesia for several weeks in the late summer. His two jobs did not leave him enough time to study so he decided to quit the lower-paying of the two, his job at the golf course. He indicated that doing so was in his best interest. The Board allowed the claimant's appeal. On appeal from the Board of Referees' decision, the Commission submitted that the Board erred in fact and in law because, according to the undisputed evidence, the claimant left his job at the golf club to spend more time on his studies, a reason that does not constitute just cause within the meaning of the EIA. The appeal is allowed and the Board's decision is rescinded.
Decision 69666
Full Text of Decision 69666
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
Study for an exam |
|
Summary:
The Federal Court of Appeal and umpires have consistently held that one who leaves an employment to pursue further education or to upgrade his work qualifications does not have just cause to leave. By analogy one who leaves or takes leave from an employment to study for an examination does not have just cause. That was so with an immigrant veterinarian in CUB 65721. See also CUB 67651A in regard to a claimant who left his employment to take a qualying examination to practise the profession of medical doctor in Canada.
Decision 71657
Full Text of Decision 71657
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
The claimant was working as a welder in the northern part of a province. The claimant quit his employment because he did not have transportation back and forth to the job site and no longer had living accommodations. The employer advised that the claimant had worked with that company for 29 days and could have stayed at a campsite which was only 500 feet from the work site. The claimant, however, never discussed accommodation problems with him. He didn't discuss the loss of accommodations because he felt it was a personal matter between him and his sister. It is clear that the claimant had reasonable alternatives and could have exercised these alternatives at least for a while before he could show that he had just cause for leaving his employment. There was nothing to show that the claimant could not live like the other workers in the camp and it was a reasonable alternative to putting himself in an unemployed position. It appears to me that the claimant made no effort to keep his job. The appeal of the Commission is allowed.
Decision A-0600.93
Full Text of Decision A-0600.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
The conclusion of the Board was that claimant, a single mother, had left without just cause her employment in Toronto and moved to New Brunswick without first having made reasonable attempts to find alternative accommodation. This conclusion was consistent with the decision of this Court in TANGUAY.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
not a trial de novo |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 22912
Full Text of Decision 22912
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
Refer to: A-0600.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
not a trial de novo |
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| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 23258
Full Text of Decision 23258
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
If the claimant was paying high rent, surely a more reasonable course of action to quitting his job was to find lower rent accommodation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Decision 16996
Full Text of Decision 16996
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
Chose layoff rather than displace one at another location. He lives alone and did not want to leave house in 100 Mile House during winter as it might freeze up. Was it reasonable to leave home unattended? No guarantee of length of other job. 2-week disqualification removed.
Decision 16935
Full Text of Decision 16935
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
The person with whom he was living left; had to pay the rent alone and could not manage financially since he was employed only on call. The case was allowed by the Board. Examined TANGUAY. Personal reasons are not justifications. Disqualification reduced to 2 weeks.
Decision 15749
Full Text of Decision 15749
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Summary:
When the decision to leave is taken voluntarily, one must show that the choice was forced by unacceptable conditions. These have to relate to employment, not to personal conditions like accommodation. Personal reasons may be reflected in the length of the disqualification.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
Decision 66213
Full Text of Decision 66213
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
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Summary:
By deciding to leave the position open for a woman with children and to return to school when she had the choice to stay, the claimant was herself responsible for her unemployment. Her reasons were certainly very valid, even commendable, but she basically made a personal choice and her reasons do not constitute just cause within the meaning of the Act. The fact that the claimant was given false information by the Commission, her employer and her union representative does not entitle the claimant to receive benefits.
Decision 21655
Full Text of Decision 21655
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
Railway worker who opted for early retirement (4 months early). He elected to do it in order to preserve the job of the young man who was working with him as an apprentice. Several arguments put forward. His concern for saving money for the UI fund doesnot provide just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Decision 15447
Full Text of Decision 15447
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
To make an opening for a younger employee is not enough. Claimant must show just cause in terms of his personal employment. Claimant's interest in encouraging the young may be commendable in social terms and may even justify a reduction of disqualification but not just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Decision 14831
Full Text of Decision 14831
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
A second reason prompted claimant to quit. He felt he was kept on the staff at the expense of another term employee who was to be let go. Accordingly he resigned. The other was retained instead. Under the circumstances, the maximum 6 weeks are reduced to 3.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 13419
Full Text of Decision 13419
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
Probably an obiter dictum. She resigned because "my friend needed work so I decided to let her have my work". This may be most commendable of her but is a means of abusing the true purpose of the UI Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 11494
Full Text of Decision 11494
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
Accepted voluntary lay-off. Desire to give someone else opportunity to work is not just cause. 2 week disqualification upheld.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary layoff |
|
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 |
personal reasons |
altruistic considerations |
|
Summary:
The board referred to social pressure. However, there is nothing to show that the insured were ever victims of harassment from younger employees. The mere desire of young people to get older people to give up their positions is not sufficient. [p. 5]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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 |
|
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 76226
Full Text of Decision 76226
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
The claimant was hired as a residential manager at a salary to be paid monthly. The employer also rented an apartment to the claimant for which the monthly rental was equal to her monthly salary. It was agreed that if she did not pay the rent it would be deducted from her salary. Therefore, the claimant did not receive an actual pay cheque. While working under this arrangement the claimant was also in receipt of E. I. benefits and, since she did not receive any dollars in her hands, she did not report any earnings. The Commission was made aware of the salary being paid to her resulting in an overpayment. The appeal by the claimant was dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
hasty leaving |
|
Decision 74593
Full Text of Decision 74593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
The Commission determined that the claimant had left his employment without just cause effective April 26, 2009. The reason given by the claimant for leaving his employment was that, after his wife decided to return to school, they were left with no one to care for their child. He was not able to obtain an extended leave of absence and decided to leave his employment. He submitted that he had had no choice but to care for his child. In his Notice of Appeal, the claimant stated that he had found a baby sitter as of June 15, 2009. The Board of Referees reviewed the evidence and found that the reason given by the claimant for leaving his employment was of a personal nature. The appeal by the claimant is dismissed by the Umpire.
Decision A0274.09
Full Text of Decision A0274.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
The Claimant left his employment to care for his children aged 2 and 5. Section 29(c) of the EIA provides that just cause for voluntary leaving an employment if a claimant had no reasonable alternative to leaving having regard to the obligation to care for a child. The BOR found that the claimant did not have just cause, indicating that the claimant had the reasonable alternatives of hiring a babysitter, using a day care facility or requesting a leave of absence. The FCA held that the BOR's decision was reasonable and that the Umpire erred in substituting his own view of the facts for that of the BOR.
Decision 52300
Full Text of Decision 52300
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
Claimant quit her job as she could not find adequate child care for her three children at a reasonable cost. Claimant disqualified for voluntarily leaving her job without just cause. Decision maintained. BOR concluded that difficulties in finding babysitter based on the cost of such services do not constitute just cause as such expenses are considered normal expenditures of a personal nature. Decision upheld by Umpire. References made to CUBs 24160, 26989, 28825 and 33050.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 40949
Full Text of Decision 40949
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
Quit his job because his employer cut his hours of work and he couldn't afford babysitting. This may amount to good cause but doesn't amount to just cause. A reasonable person would have sought other employment prior to quitting.
Decision 33050
Full Text of Decision 33050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
Claimant did not pursue all reasonable alternatives to voluntarily quitting because of child care costs. Umpire found no evidence as to whether or not claimant asked for a leave of absence and had she done so whether the employer would have granted one to claimant (re: CUBs 24160, 28825 and 26989).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 14372
Full Text of Decision 14372
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
Left after 2 years because her day care arrangements fell through and she could not find alternative day care. Attempted to give 2 weeks' notice to employer with the condition that she be allowed to bring her child to work. Did not request leave of absence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
|
|
Decision 12254
Full Text of Decision 12254
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
She appears to have good reason for leaving: the work was 2 days at a time, mostly on weekends, which required arranging for a babysitter. That, combined with transportation costs, makes it questionable whether worthwhile.
Decision 11287
Full Text of Decision 11287
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
babysitting problems |
|
Summary:
Left after childbirth. No babysitter to start at 8:00 but only at 9:00. Arrangements are the responsibility of claimant and a prudent individual would not have left employment which was stable without taking steps to make other arrangements or secure other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| voluntarily leaving employment |
applicability |
maternity leave |
|
Decision A0076.09
Full Text of Decision A0076.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
benevolent work |
|
Summary:
The FCA discussed the issue of employment in the context of just cause and determined that a person who quits full time paid employment to take an unpaid volunteer position does not have employment within the meaning of s. 29 of the EIA. The FCA found that the Umpire had committed an error of law by improperly addressing the legal question before him. Following the decisions in Bérubé and Traynor, the Umpire should have identified whether the claimant expected to derive any financial benefit from his volunteer position, and not benefits "of some kind" as found by the Umpire. The FCA found that the benefit received by the claimant, the accumulation of flying hours, was not a financial benefit, actual or eventual, derived from his volunteer position with a flight school. This benefit is inconsistent with the scheme of the EIA, which is to compensate unemployed persons for a loss. Qualifying such activities as "employment" could, according to the FCA, expand the EI system into a subsidy program for informal means of education through volunteering.
Decision 12809
Full Text of Decision 12809
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
benevolent work |
|
Summary:
Requested and was refused leave of absence to serve as a volunteer consultant out of Canada. Claim filed when he returned from Costa Rica.
Decision 72511
Full Text of Decision 72511
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
business activities |
|
Summary:
The claimant worked at a campground and left her employment without just cause. The Commission imposed an indefinite disqualification. The employer at the campground indicated that the claimant stopped working because she was no longer available as planned when she was hired. The claimant planned to open a daycare, a fact she did not mention to her employer at the time she was hired. When she was given approval to open a daycare, the claimant advised her employer that she would only be available 30 hours a week and would no longer be available to work evenings. The Board found that the claimant left her employment by deciding to reduce her hours of work and quit before the end of the period she had been hired to work. The Board's decision is entirely compatible with the evidence before it; consequently, the appeal is dismissed.
Decision 12219
Full Text of Decision 12219
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
business activities |
|
Summary:
When a wind storm occurred the claimant requested and was refused time off to salvage his crops and so he quit. Saving his crops was good cause, but good cause and just cause are not synonymous.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free of bias |
|
| earnings |
business returns |
family business |
|
| earnings |
farming |
definition |
|
Decision 11095
Full Text of Decision 11095
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
business activities |
|
Summary:
Leave denied and left to spend 2 weeks on farm due to serious storm. His decision may have been a perfectly reasonable one but employer does not have to accommodate to such circumstances. If he is available for full-time work, no right to abandon when emergency arises.
Decision A0369.12
Full Text of Decision A0369.12
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
On November 27, 2010, the claimant left her employment with Stitch-It in order to take a training course and upgrade her skills. She also found the hours irregular and was concerned about a discrepancy that she had identified in the till. On January 4, 2011, she found alternate employment where she worked until May 31, 2011, when she lost her job. The Commission found that, because the claimant had left her position with Stitch-It voluntarily and without just cause, it could not include the 323 hours that she had worked there during her qualifying period as hours of insurable employment for the purposes of calculating her benefit rate and her benefit entitlement. This resulted in a lower benefit rate and fewer weeks of benefits than the claimant had expected. The FCA found Ms. Lakic’s argument for leaving her employment insufficient to intervene with the decision.
Decision 76396
Full Text of Decision 76396
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily left his employment to begin a forestry course. He then left that course in November, 2009 either because of illness or because he failed an exam. The Band approved his attendance at the course and paid for it, but did not have authority to approve his leaving employment. The Commission counsellor had approved only the funds for equipment. The claimant stated he was not looking for support as he was being funded through his Native Band while attending school. It has been well established in the jurisprudence that leaving one’s employment to go to school does not constitute just cause for doing so. The claimant says he is being disqualified for Benefits due to an error by an employee of the Commission. The appeal by the claimant is dismissed.
Decision A0270.10
Full Text of Decision A0270.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily left her employment to pursue apprenticeship training. The BOR found that the claimant had left her employment wiyh just cause because her hours had been reduced from 40 to 30 hours per week. The FCA held that the Umpire erred in upholding the BOR's conclusion. Further, the BOR erred in law by focussing on whether the reduction in wages was a significant modification without also considering whether the claimant had a reasonable alternative to leaving her employment. The FCA was also «troubled» by the BOR's conclusion that the claimant left her employment because of a reduction in work hours, rather than to pursue a training program.
Decision A0096.10
Full Text of Decision A0096.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Commission denied EI benefits to the claimant because he had left his employment to complete training. The FCA stated that the applicable test for determining whether an individual has just cause under s. 29 of the EIA is whether, having regard to all the circumstances, the claimant has no reasonable alternative to leaving the employment. The FCA concluded by reiterating that voluntarily leaving one's employment to undertake studies does not constitute just cause.
Decision 74622
Full Text of Decision 74622
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant had been employed by on a part-time basis, when he left on his own initiative to take a training course for full-time employment. It was not an authorized move. Moreover, the offer of a job is a conditional one in that he had to successfully complete the course in order to get the job, therefore it was not a guaranteed offer of employment. Accordingly, he did not have just cause for leaving and the Board of Referees erred in concluding that he did. The claimant's appeal to the Board is dismissed and the Commission's decisions are upheld by the Umpire.
Decision 74410
Full Text of Decision 74410
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant left her employment in order to take a course which was sponsored by the province of NS in English as a second language. The course was for two months and then there was two months practical training thereafter. She finished the course and applied for benefits but was denied. The claimant had been working at a day care centre and needed to take the course. The Commission in its appeal points out that the claimant did not have reasonable alternative of employment when she left the day care. The claimant became unemployed because she wanted to take the course. The Act requires that the claimant must show that she had assurance of a job in the immediate future before she left her employment. That was not the situation that was presented to them. The appeal by the Commission is allowed.
Decision 73819
Full Text of Decision 73819
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily quit her employment in BC to move to Toronto because her son had decided to attend a university in Toronto. She indicated that her son was having a difficult time living by himself in a new city, and was having a hard time maintaining employment while going to school. She and her husband therefore decided to move to support and assist their son as this is common in their culture. It is well established in the jurisprudence that a person who leaves his or her employment for the purpose of attending school has not established just cause for doing, pursuant to the Act and concluded that this principle would apply to a parent who quits his or her employment for the purpose of assisting a child to attend university. The claimant's appeal is dismissed
Decision 72159
Full Text of Decision 72159
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant was an immigrant and had a study permit. The claimant quit her job because she was taking a financial planning course. Her work permit expired as of August 31, 2007. She advised her employer that she was returning to school. The jurisprudence has shown that a person who voluntarily leaves their employment must show that they had just cause as the burden is on them unless they can show that they had no reasonable alternative and they must also show that they have availability while attending the course. On the issue of availability, it is clear that the claimant when taking a full time course of study is not available for work unless she shows that she complies with s. 18 of the Act. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 71123
Full Text of Decision 71123
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
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 |
new employment |
not definite |
|
Decision A0465.07
Full Text of Decision A0465.07
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
It suffices to recall the jurisprudence that our Court has applied in similar cases. In A-1691-02(Martel), the Court said: "An employee who voluntarily leaves his employment to take a training course which is not authorized by the Commission certainly has an excellent reason for doing so in personal terms; but we feel it is contrary to the very principles underlying the unemployment insurance system for that employee to be able to impose the economic burden of his decision on contributors to the fund." The Court went on to say that the jurisprudence that followed has not deviated: A-492-94 (Traynor), A-037-96 (Barnett), A-031-00 (Bois), A-54-01 (Wall), A-41-02 (Shaw), A-249-01 (Lessard), A-46-02 (Connell), A-20-03(Bédard) and A-322-06(Caron).
Decision A0322.06
Full Text of Decision A0322.06
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The outcome of this case is governed by settled jurisprudence to the effect that a return to school, including a training course, is not just cause for leaving an employment within the meaning of sections 29 and 30 of the EIA. Furthermore, CUB 53009, which was the basis of the Umpire's determination in this case (CUB 66039), was set aside by this Court (Connell, A-46-02).
Decision A-0562.04
Full Text of Decision A-0562.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
By informing her employer that she is less available than before because of her studies, the claimant is inviting the employer to terminate the employment contract if it cannot accommodate her reduced availability. It is therefore a case of voluntary separation, since the dismissal is merely the logical outcome of the claimant's deliberate act of pursuing studies under conditions that prevent her from being available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
Decision 67321
Full Text of Decision 67321
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Skills Development Program is intended to place claimants in a course of instruction or training program that will help them obtain employment once they are finished. It is not meant for people who already have jobs and are simply taking the course in order to procure their own advancement in the company. If the claimant's employer was having problems because the claimant did not have his Red Seal certification as a journeyman plumber, then it was up to the employer to assist him in that regard. The Umpire upheld the Commission's decisions that the claimant did not have just cause for voluntarily leaving and was not available for work.
Decision 65721
Full Text of Decision 65721
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The uncontested evidence in this case established that the claimant had voluntarily left his employment for the purpose of preparing for his examinations to become a veterinarian in Canada by studying and doing practical work. The Umpire stated that this is tantamount to leaving employment to undertake a course of instructions and that, as leaving one's employment to undertake an education program, this does not constitute just cause.
Decision A-0566.04
Full Text of Decision A-0566.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant took authorized leave to resume his education. He held two part-time jobs during the summer preceding his return to school. The Court determined that a guaranteed part-time job is not the type of employment which, pursuant to paragraph 29c)(vi), would justify a claimant to take leave from his employment to return to school.
Decision A-0552.03
Full Text of Decision A-0552.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court finds that the case law is both clear and consistent: voluntarily leaving employment to return to school, except for courses authorized by the Commission, disqualifies the claimant from receiving employment insurance benefits under sections 29 and 30 of the Unemployment Insurance Act.
Decision A-0506.04
Full Text of Decision A-0506.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant had left his job to take a course at the invitation of the "Commission de la construction du Québec" (Quebec construction commission). The Court found that the claimant had not met any of the conditions set out in subsection 29(c)(VI) of the EIA, he did not have reasonable assurance of another job in the immediate future.
Decision 56366
Full Text of Decision 56366
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0145.03
Decision 61644
Full Text of Decision 61644
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0566.04
Decision A-0145.03
Full Text of Decision A-0145.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant took a leave of absence from her part-time employment in order to pursue her studies. The Court agreed with the Commission that both the BOR and the Umpire erred in failing to consider the reason why the claimant left her employment and to deal with the reasonable alternatives aspect of the case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision A-0020.03
Full Text of Decision A-0020.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court reiterates that there is consistent jurisprudence to the effect that quitting an employment to take a course does not constitute just cause within the meaning of the Act.
Decision 58660
Full Text of Decision 58660
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0552.03
Decision A-0046.02
Full Text of Decision A-0046.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court concluded that leaving employment to further one's education, while good cause, is not just cause within the meaning of sections 29 and 30 of the Employment Insurance Act.
Decision A-0076.02
Full Text of Decision A-0076.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The court stated that leaving voluntarily an employment to take a training course is not just cause within the meaning of the EI Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
| voluntarily leaving employment |
applicability |
employment |
|
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 |
personal reasons |
courses of study |
|
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 |
new employment |
|
|
Decision 55776
Full Text of Decision 55776
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FAC A-0020.03
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 |
personal reasons |
courses of study |
|
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 |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| voluntarily leaving employment |
new employment |
not definite |
|
Decision A-0054.01
Full Text of Decision A-0054.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit her job in Labrador to follow a course. The BOR, taking into consideration the socio-economic situation in Labrador, found that the claimant had no alternative than to quit her job if she wanted to improve her future. The Umpire refused to substitute his opinion for that of the BOR. In a short judgment, the Court has reaffirmed the well-established principle that leaving a job for the purpose of education does not qualify as "just cause" for leaving and allowed the Commission's application.
Decision A-0030.00
Full Text of Decision A-0030.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Referring to a number of decisions rendered by it, the Federal Court of Appeal reiterated the principle that voluntarily leaving one's job to attend a course of instruction that is not authorized by the Commission does not constitute just cause within the meaning of the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision A-0775.99
Full Text of Decision A-0775.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Umpire could not ignore the consistent FCA case law to the effect that claimants who voluntarily leave their employment to go back to school do not have "just cause" within the meaning of sections 29 and 30 of the EIA. Claimants cannot make the Employment Insurance Fund support the economic weight of their decisions. References made to FCA decisions in West (A-0349.95), Stevens (A-0599.95), Furey (A-0819.95) and Barnett (A-0037.96), among others.
Decision A-0031.00
Full Text of Decision A-0031.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Umpire could not ignore the consistent FCA case law to the effect that claimants who voluntarily leave their employment to go back to school do not have "just cause" within the meaning of sections 29 and 30 of the EIA. Claimants cannot make the Employment Insurance Fund support the economic weight of their decisions. References made to FCA decisions in West (A-0349.95), Stevens (A-0599.95), Furey (A-0819.95) and Barnett (A-0037.96), among others.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 48985A
Full Text of Decision 48985A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
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 |
new employment |
|
|
Decision 50652
Full Text of Decision 50652
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left his employment to pursue a training program. Ruled not just cause by the Commission. Umpire used the following criteria, i.e. employment status when the course is undertaken, the permanency and stability of the claimant's employment, the nature of the training program, whether the program is an approved program and the availability of the claimant to work during the training program and found no justification. Claimant's appeal dismissed.
Decision 50352
Full Text of Decision 50352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit job in N.S. to attend Concordia University in Montreal, which is the only institution in Canada offering the course which she wanted to follow. Held by Umpire that leaving employment to follow a course has always been said to be a purely personal decision and does not constitute just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 50231
Full Text of Decision 50231
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0054.01
Decision 49547
Full Text of Decision 49547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant had been working while completing his high school and attended the first year at the College of the North Atlantic in Labrador West. However, the last two years had to be taken in St. John's. He stated he had no other choice but to quit his job as he was going to attend in St. John's to continue his course. Umpire ruled that it was the claimant's choice to continue his education and that it did not give him the right to obtain compensation for having made that choice.
Decision 47940
Full Text of Decision 47940
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
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 |
new employment |
delay between two jobs |
|
Decision 47599
Full Text of Decision 47599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
In the summer of 1997, claimant's wife gave him an ultimatum that if the relationship was to continue he would need to work around home instead of up North. He left before Christmas 1997 to return home to go to school and he did not request leave before leaving. Claimant decided not to return to work, alleging the necessity to follow a spouse and also take a course of study. Disqualification imposed for having left his employment without just cause. Decision upheld by Umpire. Claimant initially took the position while fully aware that it would mean living away from his wife. It cannot retroactively be good cause for him to leave in order to relocate with her without showing he had no other alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 46923
Full Text of Decision 46923
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
In March 1999, the claimant left his employment in Jonquière to move to Quebec City in order to do a training period that would complete the course that he had been taking since 1996. This training period was not available elsewhere and the claimant had no control over the choice of location. The Umpire confirmed that there is abundant jurisprudence to the effect that voluntarily leaving in such circumstances does not constitute just cause. Reference made to FCA decisions in Stevens (A-0599.95), West (A-0349.95), Furey (A-0819.95) and Racine (A-0694.96).
Decision 46744
Full Text of Decision 46744
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Left his employment to do a training period with the Institut de police du Québec. Claimant alleges that he had no alternative to quitting if he wanted to complete his CEGEP course in police procedures. Commission decided he left his employment without just cause, but this decision was reversed by BOR. Error in law according to Umpire and Commission appeal allowed. Reference made to FCA decisions in Martel (A-1691.92), West (A-0349.95) and Stevens (A-0599.95).
Decision 43829A
Full Text of Decision 43829A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary under FCA A-0030.00
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 46919
Full Text of Decision 46919
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0031.00
Decision 46420
Full Text of Decision 46420
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0775.99
Decision 43184
Full Text of Decision 43184
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant cannot expect to receive public monies while preparing to change his lifestyle by returning to school. This is not considered just cause under the Act.
Decision 42723
Full Text of Decision 42723
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Clmt quit her job to better herself with further studies. When her student loan was refused, she could not go back to her previous job because it had already been filled. Umpire ruled that clmt made a personal decision to terminate her employment to return to school. A prudent person whould have waited until the financial arrangements were confirmed before leaving her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
hasty leaving |
|
Decision 42097
Full Text of Decision 42097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
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 |
legislation |
rationale |
|
| 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 |
personal reasons |
courses of study |
|
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 |
legislation |
rationale |
|
Decision 40584
Full Text of Decision 40584
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Leaving employment to return to school is, in the absence to the contrary voluntarily leaving. Voluntarily leaving to pursue education is to be commended. It is a voluntary leaving for good reason or with a laudable motive but court decisions make it clear that unless the course is sponsored by the Comission, it is not a leaving of employment for just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
onus of proof |
|
Decision A-0694.96
Full Text of Decision A-0694.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant on leave authorized by his employer in order to complete two university courses. Considered ineligible for the entire leave period. Disentitlement upheld by the BOR but reduced on the basis of evidence provided by the claimant at the hearing. Commission appealed to the Umpire because the claimant had not resumed the former employment. The Umpire determined that his leaving was justified and cancelled the disentitlement. The FCA reinstated the disentitlement and said it was wrong for the Umpire to find that the claimant had just cause in leaving his employment to pursue his studies. **NOTE: Ambiguity identified by the FCA in relation to the expression "resumes employment" in paragraph 28.2(2)(a); corrected in the new Employment Insurance Act (paragraph 32(2)(a) [formerly 28.2(2)(a)].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
leave of absence granted |
|
Decision 36882
Full Text of Decision 36882
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
While his personal reasons for quitting may perhaps have been valid and certainly his desire to try to create a new career for himself by returning to school is commendable, this does not constitute "just cause" under the Act.
Decision A-0037.96
Full Text of Decision A-0037.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit job to attend University. Because the claimant had left his employment only after a great deal of planning and that his plans to attend school -- through no fault of his own -- fell through, Umpire stated that the situation in which the claimant found himself was akin to leaving employment with the reasonable assurance of other employment in the immediate future and dismissed the Commission's appeal.**Referring to its decision in Furey (A-819-95), the FCA reiterated that the circumstances which existed at the time the claimant left his job are those which are relevant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 34308
Full Text of Decision 34308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Left a p/t job in order to meet course requirements after establishing a pattern of studying and working at the same time. Distinction made between one who leaves work to enrol in college and one who is already enroled and gives up a job held simultaneously because of a conflict of hours.
Decision 34062
Full Text of Decision 34062
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant employed under a Summer Employment Experience Development (SEED) grant. For employer to be eligible to the grant, claimant had to be registered in f/t studies during preceding academic year with intent to return to studies f/t in the following year. As per 28(4), no reasonable aternative.
Decision A-0819.95
Full Text of Decision A-0819.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Referring to G. Stevens (A-599-95), the FCA reinforced the principle that voluntarily leaving one's employment to return to school does not constitute just cause for running the risk of unemployment. It is irrelevant that the conditions later evolved and that her course became unavailable. It is the circumstances that existed at the time of quitting that determine whether she had just cause when she left her job.
Decision A-0599.95
Full Text of Decision A-0599.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left job to attend medical school. However, admission deferred for 1 year. FCA reiterated the principle that leaving a job to go to school is not just cause. The fact that the claimant could not attend the course later cannot create a just cause where none existed when claimant left job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
| voluntarily leaving employment |
just cause |
other employment |
|
Decision A-0349.95
Full Text of Decision A-0349.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left job to attend university. FCA reiterated that this by itself does not constitute "just cause" within meaning of S.28 (ref. to Martel, A-1691-92). The fact that her university course subsequently became unavailable could not create a "just cause" where none had previously existed.
Decision 30832
Full Text of Decision 30832
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit his job to return to school. Claimant thought he would be able to get into school full-time to take his course but the course unfortunately was full. Leaving a job to go to school may be a good personal reason but it is not just cause within the U.I. Act.
Decision 30691
Full Text of Decision 30691
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit her job to enroll in two courses of instruction; one course cancelled. Umpire found that the claimant was a victim of changed circumstances and that the Board was entitled to look at the facts as they evolved rather than examining them from the date upon which the application was made.**NOTE: The case is being appealed by the Commission to the Federal Court. The Commission is of the opinion that the facts at the time of quitting are those that must be considered and that whatever happens subsequently has no bearing on the substance of the case.
Decision A-0204.95
Full Text of Decision A-0204.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Leave of absence to upgrade education denied: claimant left. Umpire found that he had sound reasons to leave job to return to school and that he had made every reasonable efforts to avoid U.I. by obtaining a concrete employment prospect when he finishedschool.
NOTE: The Umpire's decision was appealed by the Commission to the Federal Court. However, the FCA refused to interfere as the matter was moot and that the Umpire's decision was likely to have little precedential value. No further appeal by the Commission.
Decision 27094
Full Text of Decision 27094
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to: A-0204.95
Decision 29355
Full Text of Decision 29355
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Board erred. Claimant left her work to return to school believing that she had been accepted as a full-time student. It turned out that even if she had strong indication that she was accepted, she in fact was not. She could not return to her work because her position had already been filled.
Decision 28289
Full Text of Decision 28289
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
This case is different from other "student" cases in that claimant was working while studying and he left when he found he could not do both. He did not leave to enrol in a course, but to continue the course he had begun. The case still falls under the rule of CAMPBELL. The Board erred in law.
Decision 27633
Full Text of Decision 27633
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Attending school in the evening while employed. Claimant decided to quit after being denied leave of absence on two occasions to write his exams. Appeal allowed by Board. In MARTEL, the Court made it clear that pursuing further education is a purely personal decision that is not just cause.
Decision 26039
Full Text of Decision 26039
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Left 9 hours a week non insurable job at a rate of $54. because it paid poorly and she wished to concentrate on her studies. Held that this was employment within the meaning of 28(3). The Board erred in fact and in law in finding that she had just cause to leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
employment |
non insurable |
Decision 25584
Full Text of Decision 25584
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The course which he wanted to take was commencing on 15-8. It was perfectly reasonable for him to balance off the possibility of working 1 or 2 more weeks, and then being unemployed and unable to pursue a course. It has never been suggested to me that the course was not eligible for referral.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
applicability |
retroactive |
|
Decision 25463
Full Text of Decision 25463
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
It is clear from the case law that returning to school is not just cause. While the legislation was amended, the term was not expanded to the point where the UI plan was transformed into a student subsidy programme, said the Umpire. 12-week disqualification, not only 7, to be restored, said the FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| basic concepts |
disqualification |
length |
powers |
Decision 25460
Full Text of Decision 25460
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
One is left with the need to determine whether claimant "had no reasonable alternative to leaving the employment". Clearly he had a choice between going to school or continuing to work. There was no personal pressing necessity on him to undertake the course. He thought it advantageous to do so.
The fact that through circumstances completely beyond his control he later found himself not at school but unemployed and in need of UI does not alter the wisdom of the decision he took in the first place to leave his job. It appears impossible to say now that he had "no reasonable alternative".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Decision 22097
Full Text of Decision 22097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to: A-1691.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Decision A-1691.92
Full Text of Decision A-1691.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The primary goal of unemployment insurance is therefore to provide compensation for any insured who involuntarily finds himself unemployed, as this risk is unfortunately all too frequent, and not to assist those who by personal choice decide to perfect their training.
One who voluntarily quits her job to follow a training course which is not authorized by the CEIC has an excellent personal reason for doing so. But, we feel it is contrary to the very principles underlying the UI system that she be able to impose the economic burden of her decision on taxpayers.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Decision 24912
Full Text of Decision 24912
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
What concerns me is that claimant did not take this course to further his education. He had to take it in order to retain his present position. He probably would not have been dismissed but would have been transferred to another position. Reduction of disqualification period overturned by FC.
Decision 23413
Full Text of Decision 23413
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The case law makes it very clear that return to school in itself is not just cause. Distinguishing factor unique here: if claimant did not act when he did, an opportunity would pass by, in circumstances where the remaining employment was limited and the likelihood of unemployment after very high.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Decision 22097
Full Text of Decision 22097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Summary:
Refer to: A-1691.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
| board of referees |
errors in law |
meaning of a term |
|
Decision A-1691.92
Full Text of Decision A-1691.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Summary:
It should be noted that a person leaving employment to follow a training course authorized by the CEIC under s. 26 of the Act, constitutes a statutory exception under which a claimant is deemed to be unemployed, capable of and available for work during any period in which he is attending his course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
| board of referees |
errors in law |
meaning of a term |
|
Decision 17986
Full Text of Decision 17986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Summary:
While he may have been somewhat precipitate in leaving his work without having had a written direction to the course, it is not denied that he had been verbally told that he would be directed to it. Leaving on 20-1 to commence a course on 22-1 is not without just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
duration |
|
Decision 11061
Full Text of Decision 11061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Summary:
Conditional referral is a referral, so no need to prove availability. Furthermore, claimant cannot be disqualified for having left his job to facilitate his successful completion of the course to which he was referred by the Commission.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
applicability |
|
|
Decision 74726
Full Text of Decision 74726
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire for change |
|
Summary:
The claimant left her employment voluntarily without just cause and has accumulated 612 hours of insurable employment, while she needed 665 hours. She submits that she has worked for a Home Care Services from 1997 to 2009 with no further advancement. She decided to seek other employment to better herself. She joined the Labourers Union local 900. Thinking she would start work for them in May 2009, she quit her job but only started working for the Union on August 31, 2009. The claimant’s decision to leave permanent full-time employment for one that was dependent on the union finding her work does not meet any of the exceptions under s. 29(c) of the E.I. Ac. The appeal by the Commission is allowed by the Umpire.
Decision 74985
Full Text of Decision 74985
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire for change |
|
Summary:
The claimant, feeling that she was going to be laid off (which turned out to be true), quit her job believing that she had assurance that she would be hired by a different employer. However, she was not hired only because the position was later withdrawn. With regret, this Board finds as fact that she quit her existing employment without “just cause,” as understood in the jurisprudence.” The appeal by the claimant is dismissed by the Umpire.
Decision 16890
Full Text of Decision 16890
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire for change |
|
Summary:
Claimant accepted work as labourer as he had run out of money and he left 1 month later. To want to return to one's trade is commendable but is not a good cause to quit and then expect UI until a job is found in a specific trade. He should have waited until assured of other job.
Decision 11925
Full Text of Decision 11925
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire for change |
|
Summary:
Issue: duration of disqualification vs. 15 long years of work. He was simply tired of his work and wanted a change. These reasons for leaving do not deserve special consideration. Not satisfied that disqualification should be less than 6 weeks.
Decision 77169
Full Text of Decision 77169
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to be closer to family members |
|
Summary:
The Commission determined that the claimant had voluntarily left her employment without just cause and imposed an indefinite disqualification under sections 29 and 30 of the Act. The claimant indicated that she decided to leave her employment in Montreal in order to move to Gatineau to be closer to her sister, who was gravely ill. She added that she did not live with her sister but that she lived in the same building. Her sister lived with her spouse. The BOR found that the claimant decided to leave her employment for a personal reason, that is, to be closer to her sister, and that, at the time, she had the alternative of ensuring that she had another permanent employment before leaving the job that she had. The BOR found that the claimant failed to establish just cause for leaving her employment within the neaning of the EIA. There is a consistent line of authority to the effect taht leaving employment for purely personal reasons, such as wanting to be closer to family, does not constutute just cause within the meaning of section 29(c) of the EIA. Consequently, the claimant's appeal is dismissed by the Umpire.
Decision 77027
Full Text of Decision 77027
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to be closer to family members |
|
Summary:
The claimant voluntarily left his employment without just cause under sections 29 and 30 of the Employment Insurance Act.The Commission determined that the claimant did not have just cause to leave his employment within the meaning of the Act and therefore refused to pay him benefits. The BOR finds as fact that the claimant chose to leave his employment for personal reasons. His wife had been unemployed since April 2010 and moved with their son in early July 2010. The claimant decided that he should accompany his family, therefore, resigned as he couldn’t get a transfer. The appeal by the claimant is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 71236
Full Text of Decision 71236
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to be closer to family members |
|
Summary:
The claimant indicates that, after 10 years with his employer in Raglan, in a remote area, he decided to move back closer to his family. The claimant explains that, following a period of leave when he had been granted only eight days to come home and solve problems including the sale of his house and purchase of another house, he did not return after the eight days. His employer had advised him that he could lose his seniority for not coming back as required. Unhappy about the threat, the claimant submitted his resignation. The claimant reiterates that, after 10 years in a remote area with very difficult working conditions, he was burnt out and his morale was very low. The fact that leaving employment for purely personal reasons, such as the desire to be closer to family members, does not constitute just cause within the meaning of section 29(c) of the Act. The appeal is dismissed.
Decision 71627A
Full Text of Decision 71627A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to have a child |
|
Summary:
The claimant and his wife were married since year 2000. They had not been able to conceive a child. They had been examined in a Montreal hospital and in-vitro treatment was attempted unsuccessfully on two occasions. The claimant left his employment to travel to the other country with his wife for the infertility treatment. The Commission took the position that the claimant's reason for leaving his employment was of a personal nature and that leaving was not the only reasonable alternative in the his situation. The Commission denied the claimant's claim. In light of the Judgment and Reasons for Judgment rendered by the Federal Court of Appeal on September 25, 2009, the claimant may have had good cause for voluntarily leaving his employment, his reasons did not constitute just cause within the meaning of the legislation. The indefinite disqualification from benefits imposed by the Commission effective March 2, 2008 was therefore appropriate. The claimant's appeal is dismissed.
Decision 71312
Full Text of Decision 71312
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to have a child |
|
Summary:
The claimant commenced her employment with the Bank on April 30, 2007. During the month of June, 2007, the claimant, being pregnant, suffered a miscarriage. It appears, therefore, that she was pregnant when she accepted employment with the Bank. She explained that both she and her husband had reached the age of 42 years and they were anxious to have a child. She decided that she should quit her job on August 8, 2007, to be relieved of work place stress in order "to have a good recovery" and then return to work after a successful birth. She was not pregnant when she left her job with the Bank. The appeal is dismissed.
Decision 66835
Full Text of Decision 66835
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
The claimant left his employment, or refused an extension to his employment, for the purpose of running in a federal election. It may well be that the extension would have been only for a few months, but this was an offer of employment that the claimant could not refuse without just cause.
Decision 63589
Full Text of Decision 63589
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
The claimant quit his employment to run in a federal election. The judge ruled that, despite the claimant's exemplary sense of civic duty and the respect that he deserves for his active participation in the democratic process, sections 29 and 30 of the Act do not allow justification for his resignation.
Decision 17867
Full Text of Decision 17867
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
Government worker who, upon being nominated as a candidate for the forthcoming Federal election, was required to take leave of absence. This amounts to a voluntary separation. In view of the high-minded purpose of the reason for the leave, disqualification reduced to 2 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
leave of absence granted |
|
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
Decision 13907
Full Text of Decision 13907
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
Requested lay-off. Municipal law does not allow city employees to run as aldermen. A very laudable motive is not just cause. TANGUAY referred to. UI not intended to subsidize election candidates. 3-week disqualification upheld.
Requested lay-off from city to run as alderman. Just cause not shown to exist.
Decision 10855
Full Text of Decision 10855
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
Assistant who had reasons to think that his MP re-election was doomed to failure, so he joined the established political party to continue. His decision, although personal, was prudent. Reasonable action by reasonable person familiar with political reality. Reduced to 1 week.
Decision A-0149.80
Full Text of Decision A-0149.80
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
election campaign |
|
Summary:
Leave of absence refused. Claimant left 2-2 to run in municipal election held on 26-2 and received 45% of the votes. The Umpire did not commit any reviewable error in confirming the 6-week disqualification.
Decision 72680
Full Text of Decision 72680
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
The claimant had been recalled to work but failed to return to work. The Commission determined that the claimant had left his employment without just cause and imposed an indefinite disqualification. The reason given by the claimant for refusing to return to his employment was that it was against his religion to eat beef, cut it or handle it. He acknowledged that he had been working at this employment for two years. He had not asked his employer if there could have been another job available for him because this was a slaughtering plant and this was the nature of the work. The appeal is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
religious belief |
|
Decision 39118
Full Text of Decision 39118
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Disagreed with his employer's editorial policy which had become increasingly conservative and religious in recent years. Claimants are not required to remain in employment when the terms and conditions of employment change dramaticaly over the years. Claimant should not be required to act contrary to his standards of honesty, propriety and conscience. The claimant could not continue to analyse and write in public support of beliefs to which he was strongly opposed.
Decision 37586
Full Text of Decision 37586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Claimant was faced with the alternatives of performing a job which offended his sense of honesty, or confronting the employer and refusing to perform his job or quitting. Umpire ruled that claimants are not required to remain in employment which offends their ethical values and his satisfied that in this case the claimant had no resonable alternative but to leave and therefore met the test of just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 29310
Full Text of Decision 29310
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
It is conceivable that the nature of a job on a long term basis could affect a person's health and that a person feels the need to change his career towards a position more suited to his moral convictions and his sense of ethics. Moreover, is it necessary that this be done point blank?
Decision 27332
Full Text of Decision 27332
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
It is difficult not to conclude that claimant's new reliance on the Employment Standards Act to support her desire not to work on Sundays based on her professed religious beliefs arises from a realization that her personal choice to leave to look after her child would not be just cause in law.
Decision 26369
Full Text of Decision 26369
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Reasons given by dissenting member adopted by Umpire. Claimant had just cause after one week in a camp for crippled children: the job turned out to be totally unsuitable as the conduct of the program was well outside the bounds of decency and she had no way of influencing events for the better.
Decision 25924
Full Text of Decision 25924
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Truck driver employed one year. Felt humiliated: when sitting in the driver's seat, his head completed the body of a woman painted on the driver's door. Canadian Human Rights Act and discrimination on the basis of sex argued. Acted unreasonably. Left without having other employment to go to.
Decision 23670
Full Text of Decision 23670
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
The Board erred in law. The claimants were under no obligation to attempt to improve their working conditions by involving government authorities prior to quitting, given the fact that the employer operated its business with total disregard to accepted business ethics and government regulation.
Decision 23493
Full Text of Decision 23493
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Claimant worked for a lay organization operating on land owned by the Church. He left, after meeting with superiors, because the employer instituted a practice of displaying posters which advocated the use of condoms. His commitment to his convictions does not constitute just cause under s. 28.
Decision 21955
Full Text of Decision 21955
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Teacher hired on the understanding that he would not be obligated to teach the tenets of a faith that was not his. He clearly had good cause for leaving if he was being required to teach religion but it is clear from the facts that at the time he left, this was not the cause.
Decision 17461
Full Text of Decision 17461
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Waitress in bar quits when asked to wear less decent clothing. Justified in quitting according to Board under Charter. Conclusion absurd as she continued to work 8 hours a week at the same location. Period excluded for 6 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
reduction in hours |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 16515
Full Text of Decision 16515
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Resigns on 3-8 after 14 years to commence Christian school in Texas on 1-9 for discipleship training having felt a call to make this his life's work. Delay in obtaining immigration papers and was unable to take the course. Disqualification reduced from 5 to 2 weeks.
Decision 15871
Full Text of Decision 15871
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Claimant left his part-time job at a race track because he could not control his gambling, he was gambling his pay cheques away. The Board found that claimant should have assured of other work. No reason to overturn decision except that disqualificationis reduced to 1 week.
Decision 12568
Full Text of Decision 12568
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Accepted by Board that claimant, a driver with a Courrier, was placed in the position of being a party to a breach of the Air Freight Regulations. Tried to rectify the situation by contacting no fewer than 4 people.
Decision 12125
Full Text of Decision 12125
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
A claimant has a right to object to practices which are contrary to business ethics. An honest belief that this is the case suffices. "Interstating" was illegal according to the claimant, a truck driver.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
Decision 11412
Full Text of Decision 11412
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
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.
Nothing to show it was illegal under Alberta law for employer to refuse leave of absence. It may not be said that employer had imposed an unlawful requirement on claimant which forced his resignation. S.28 not religious in nature. Voluntary even if for reasons of religion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
charter |
|
Decision 10719
Full Text of Decision 10719
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
Ontario Career in Action Program. Seamstress at $100 a week. Not getting enough experience and training. Some concerns about waste of funds. Purpose of program touched on. Matters of judgment cannot apply rigorously after event. Disqualification reducedto 2 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
government programs |
|
Decision 10650
Full Text of Decision 10650
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Summary:
No place in this law of Canada for any rule whereby a claimant who declines to comply with an employer's unethical or semi-crooked instructions is to be stripped of just cause. Even armed forces personnel can be excused for declining to obey an unlawfulcommand.
Decision 77027
Full Text of Decision 77027
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant voluntarily left his employment without just cause under sections 29 and 30 of the Employment Insurance Act.The Commission determined that the claimant did not have just cause to leave his employment within the meaning of the Act and therefore refused to pay him benefits. The BOR finds as fact that the claimant chose to leave his employment for personal reasons. His wife had been unemployed since April 2010 and moved with their son in early July 2010. The claimant decided that he should accompany his family, therefore, resigned as he couldn’t get a transfer. The appeal by the claimant is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to be closer to family members |
|
Decision 76316
Full Text of Decision 76316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant was given a leave of absence to care for her newborn grandchild. She applied for parental benefits and The Commission determined that the claimant had left her employment without just cause. The claimant was not eligible for parental benefits as she had not proven that a child had been placed with her for the purpose of adoption. The claimant’s grandchildren were placed with the claimant and her husband pursuant to an order of a Justice of the Ontario Court of Justice. The natural parents were given access to the children with supervision. 23.(1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. The Commission’s position was based on the fact that there was no evidence that the placement of the child with the claimant was for the purpose of adoption. The appeal by the commission is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
responsability to take care of a child |
|
|
Decision 74458
Full Text of Decision 74458
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The Commission denied benefits since it was of the view that the claimant did not demonstrate just cause for leaving his employment. According to the Commission the claimant concealed the fact that he had worked and received income while he was receiving benefits and therefore imposed a penalty and a notice of violation was issued. The claimant states he was under great stress due to the domestic situation and the deteriorating relationship with his wife and still relied on her to make his reports. The claimant has provided no medical evidence as to the effect the domestic situation had affected his ability to accurately complete his application for benefits on March 4, 2009. There is no justification for his not declaring his employment with X from February 2008 to December 2008. The Board does not find the claimant had just cause for voluntarily leaving his employment because he has failed to show he had no reasonable alternative to leaving when he did. The appeal by the claimant before the Umpire is dismissed.
Decision A0054.09
Full Text of Decision A0054.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The FCA determined that the Umpire had erred in law in concluding that the claimant had just cause when he voluntarily left his employment to accompany his wife to India to seek treatment for infertility. Given that the condition being treated is not a threat to life or health and that no evidence was adduced to show that no alternate treatment was available in Montréal, the FCA determined that the claimant's decision did not meet the test of paragraph 29(c)(v) of the EIA nor was it just cause within the meaning of section 30 of the EIA.
Decision 70203
Full Text of Decision 70203
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant left his employment because his son had been accepted at the University of Windsor, Ontario and the claimant and his wife decided to move from Alberta to Ontario to be with their son. They felt that they could not leave their son, who had just turned 18 years of age and he had never been away from home, move alone to a new location. In regard to the main reason given by the claimant constitutes a personal reason and this decision cannot be described as resulting from an obligation to accompany a spouse or dependent child to another residence pursuant to paragraph 29(c)(ii) of the Act.
Decision 69243
Full Text of Decision 69243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant quit his job in Vancouver in early April with the intention of moving back to Toronto to be re-united with his wife and child after a three year separation. He remained in Vancouver to be with his ailing mother who passed away in late May. The disqualification for voluntary leaving without just cause and the disentitlement for non-availability were upheld by the Umpire.
Decision 55217
Full Text of Decision 55217
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant's starting working hour changed from 9:00 a.m. to 8:00 a.m. Quit her job in July saying that she would have had to quit her employment at the start of the school year to care for her children as there was no one to supervise them until 8:45 a.m. when they were going to school. Found that claimant had not made a suitable effort to work out a temporary solution with her employer and that there was no urgency as the start of the school year was still not imminent.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
| voluntarily leaving employment |
just cause |
hasty leaving |
|
Decision 55116
Full Text of Decision 55116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
After her 18 year old son had served his community sentence, claimant elected to move from Winnipeg to Vancouver in order that he not associate with undesirable friends. The Commission found that she voluntarily left her employment without just cause. Held by Umpire that, absent any effort at finding employment before leaving or deliberating on alternatives such as taking a leave of absence, the claimant had made a personal choice that did not constitute just cause under the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 43465
Full Text of Decision 43465
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Quit his job on a mobile oil rig to live closer to his family. His working schedule entailed working for 3 weeks and a week off. It was to hard on the family, therefore, he had no reasonable alternatives than to quit his job. Umpire doesn't accept that he did not seek employment closer to home before quitting. His working schedule allowed it. Claimant being at home for a week every three weeks, it would have been possible for him to search for a job. Under the circumstances, he did not have just cause to leave his job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 38050
Full Text of Decision 38050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit to be near her son . Because he lived at a distance from Winnipeg she could only fulfil her role as a mother sharing custody by moving to or near the place where her son made his home with his father. BOR erred in law by ignoring claimant's family circumstances and in not finding that, having regard to all the circumstances, she had just cause to leave her job.
Decision 36393
Full Text of Decision 36393
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Quit for family reasons. It was found that she should have looked for another job before leaving. Personal circumstances have to be particularly urgent before leaving the employment can be accepted as the only reasonable alternative.
Decision 25120
Full Text of Decision 25120
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
I am very sympathetic to the claimant since she seems to have been exposed to more than her share of life's difficulties and she is certainly to be commended for all her efforts to turn her life around. This, however, begs the question as to whether she left her job without just cause under 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 21793
Full Text of Decision 21793
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
I agree with the Commission as well as the Board that the family conditions imposed upon any beneficiary are not of a nature such that they justify a beneficiary's quitting a job. The rule may seem drastic but jurisprudence is constant on this point.
Decision 20076
Full Text of Decision 20076
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Good personal reasons for voluntarily quitting one's employment are not synonymous with "just cause" unless those personal reasons constitute something in the nature of an obligation to do something according to recognizable and acceptable community standards.
Decision 18936
Full Text of Decision 18936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Faced with a custody action for his children, he was advised by his lawyer to be available for court proceedings at short notice. Time off not guaranteed by employer due to type and location of work. This is good cause but not just cause. Disqualification reduced to 1 week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Decision 18508
Full Text of Decision 18508
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Single mother of a sickly 2-year-old child whose working hours from 8:00 a.m. to 5:00 p.m. required her to be away from home from 7:00 a.m. to 6:30 p.m. Letter from doctor on file. Her reasons, although personal, were of the highest order. Minimum disqualification of 1 week.
Decision 17921
Full Text of Decision 17921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit in order to move to another location to follow partner. The Board reduced the disqualification period from 6 to 3 weeks. No error on the part of the Board.
Decision 17643
Full Text of Decision 17643
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
She explained to the Board the family problems that lead her to move. From a human point of view, it is easy to understand that someone must sometimes change environment for personal reasons. Normal to have sympathy but not a justification. Reason not connected to job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 17523
Full Text of Decision 17523
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Marriage broken down and difficult personal situation, so she leaves Toronto to be with family in London. No error by Board in finding this was not just cause. Marital difficulties constitute compelling personal reasons. Disqualification reduced from 4 to 2 weeks.
Decision 16450
Full Text of Decision 16450
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Hairdresser in Calgary who, after 3 years, leaves to be near sister in Ontario. He was forced by a family decision that he and his sister would live with their parents who had just arrived from Romania. The disqualification reduced to 2 weeks by Board cannot be further reduced.
Decision 15860
Full Text of Decision 15860
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant disqualified for 6 weeks. He left his employment to move where his fiancee was working as a teacher. There is no doubt that this is not sufficient reason to leave one's employment.
Decision 14834
Full Text of Decision 14834
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Left employment in Toronto to attend to legal matters in B.C. on brother's request. Under considerable stress due to parents' divorce and mother's tragic death a few years before. Disqualification reduced from 4 to 2 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
personal reasons |
|
Decision 14748
Full Text of Decision 14748
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant is a single parent of a 3-year old child. Her mother could not look after child from 30-5 to 15-6. What was claimant supposed to do? I am satisfied that if one must leave for this on a temporary basis, there is just cause. 2-week disqualification removed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Decision 14190
Full Text of Decision 14190
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Left Sept-Iles to go and work in Montreal and live with natural mother. Reduction in hours, disagreement with mother. Returned to adoptive parents. 3 week disqualification reduced to 1.
Decision 14116
Full Text of Decision 14116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant had a number of personal problems: tenant left, court actions, mother sick, making it desirable to return temporarily to B.C. from Ontario but this does not constitute just cause. Even pressing personal reasons do not suffice. 2-week disqualification upheld.
Decision 13926
Full Text of Decision 13926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Required by new manager to work every third Sunday. Objected due to strong family commitments. No attempt for replacement or to secure other work. Compelling personal reasons such that disqualification is reduced to 3 weeks.
Decision 13089
Full Text of Decision 13089
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Wanted to care for child she had just had; left part-time employment; not just cause; however, not so reprehensible as to warrant 6 weeks disqualification, rather 3 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 12856
Full Text of Decision 12856
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant and wife moving to B.C. as no one to take care of wife's father. Strict necessity to move obscure. Why father could not move to Ontario instead. UI risk not to aid distant ailing parent and moving for that purpose. 6-week disqualification upheld.
Decision 12672
Full Text of Decision 12672
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit because hours of work left her with little or no time for her children. They had learning problems and were suffering in consequence. Acted as a reasonably prudent mother.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
clarification |
|
Decision 12126
Full Text of Decision 12126
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Where people leave work for important personal reasons, the issue is not the right to stop working, but rather the right to stop working and still collect UI benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| basic concepts |
disqualification |
minimum |
|
Decision 11652
Full Text of Decision 11652
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Possible that such reasons (separation from family by distance of 115 km.) is just cause; in general will not be sufficient. Must present real obligation, recognized by community, that cannot be discharged without leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary leaving defined |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 11606
Full Text of Decision 11606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant merely wanted to be at home with his wife and daughter while his daughter was teething. This was a purely personal and voluntary reason and not just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Decision A-0421.83
Full Text of Decision A-0421.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
According to the Umpire, the board had no choice but to uphold the 6 week disqualification. The fact that she did not want to work in the same place following a lovers' quarrel did not justify quitting. Upheld in FC without comment.
Decision 26133
Full Text of Decision 26133
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
gambling addiction |
|
Summary:
Claimant left for 2 reasons: proximity to temptation (gambling addiction) and embarrassment over the theft accusation (used deposits at another employer to cover gambling debts). A self-inflicted addiction suffered both before and during the employment cannot be within the meaning of ss. 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
alcohol, drugs and gambling |
|
|
| voluntarily leaving employment |
legislation |
burden of proof |
|
Decision 75062
Full Text of Decision 75062
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
The claimant left his employment as he had to return to his home province for a court date. As a result of his court appearance due to a breach of probation from a previous impaired driving charge, he received a restriction to remain in his home province, and therefore could not return to his employment. The claimant stated he advised his employer of his reasons for leaving. The employer’s records indicated that the claimant left to return home. The claimant’s appeal before the Umpire is dismissed.
Decision 65082
Full Text of Decision 65082
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
The claimant quit his employment because his wages had been garnisheed due to unpaid child support payments and he could not afford to live on the remaining salary. The Board found that the desire to shrug one's parental financial responsibilities is not just cause for voluntarily leaving one's employment. The judge concluded that the Board's decision is well founded.
Decision 27435
Full Text of Decision 27435
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
Claimant had domestic problems and a garnishee was served attaching his wages and reducing his pay cheque considerably. He relies on that circumstance as just cause for leaving his employment voluntarily. The reasons upon which claimant bases his claim do not fall within the category of just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
carrying forward |
|
Decision 23936
Full Text of Decision 23936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
The motive of the claimant for leaving his employment, to deal with the difficulties he was experiencing with the garnishment of his wages for child support, falls short of the requirements of the Act. Good reason does not always amount to just cause. This was expressed by the FC in TANGUAY.
Decision 20038
Full Text of Decision 20038
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
I am unable to accept the proposition that a desire to avoid paying one's lawful debts can be regarded as just cause for quitting a job and I see no reason for altering the length of the 6-week disqualification.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
garnishment |
|
Decision 19358
Full Text of Decision 19358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
Claimant charged with dangerous driving and resisting arrest. Leaves his job and the province in order to flee from prosecution. Fleeing from potential imprisonment is not just cause. Nor do I think that this is such that a reduction in the disqualification is warranted.
Decision 18936
Full Text of Decision 18936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Summary:
Faced with a custody action for his children, he was advised by his lawyer to be available for court proceedings at short notice. Time off not guaranteed by employer due to type and location of work. This is good cause but not just cause. Disqualification reduced to 1 week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision A0250.11
Full Text of Decision A0250.11
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
|
Summary:
The claimant was approved for training under section 25 of the EIA. Three weeks prior to the commencement of his training, the claimant quit his employment for personal reasons stating that he had to quit his employment as he needed to care for his ill sister and prepare for his return to school. He was the only one in his immediate family who was available to provide this care. The Commission found that the claimant had voluntarily left his employment without just cause. Just cause is not defined in the Act but the various subsections to Section 29(c) do compel a Board to have regard to all the circumstances of a particular situation to see whether just cause exists, more particularly the subsection 29(c)(v) of the Act: obligation to care for a member of the immediate family. The FCA held that the claimant had just cause for leaving his employment and thus the application for judicial review failed on this ground.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
Family realated illness |
|
|
Decision 42125
Full Text of Decision 42125
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
|
Summary:
Umpire concluded that the determination by the BOR that the claimant quit his employment in Ontario to return to BC to be with his family during his father's critical illness and that, while it constituted good reason for leaving employment, did not equate with just cause.
Decision 41523
Full Text of Decision 41523
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
|
Summary:
Claimant left his job in B.C. to return to Mtl. to care for his grandmother. Umpire stated that his presence was not immediately required as his mother was already caring for the grandmother. He was not a primary supplier of care. Umpire concluded that the claimant may have made his decision for personal reasons, which do not constitute just cause.
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 14166
Full Text of Decision 14166
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
|
Summary:
Took leave even if denied to go and visit mother-in-law quite ill in Holland. The Board found claimant could have allowed his wife to go while he remained behind to save his employment and that 3-week disqualification was proper. The Board could have come to no other decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
unauthorized leave of absence |
|
Decision 13784
Full Text of Decision 13784
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
|
Summary:
Part-time nurse in Edmonton. Left to be with father in Prince Albert: imminent hospitalization and death of father obviously just cause. Possibility of leave discussed. Not searching for other job 400 miles apart not held against her. Element of urgencyabout the move.
Decision 26195
Full Text of Decision 26195
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
language difficulties |
|
Summary:
Living with sister and brother-in-law. In Canada for 5 years but could not speak, read nor write English or French. Brother-in-law obtained work in Toronto and left Montreal. Claimant felt compelled to accompany his sister to her new location. A very good reason but not just cause.
Decision A0457.10
Full Text of Decision A0457.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
The claimant signed an employment contract stipulating that he would be entitled to three weeks of paid holidays upon completing one year of service. A few months later, he requested vacation leave. His request was denied in part because the claimant did not complete one year of service. The record suggests that the claimant informed his employer that he would not report to work for the days in question, regardless of the fact that his leave request had been denied. The employer informed him that he had abandoned his employment. According to the FCA, the Commission clearly found that the event triggering the loss of employment was the voluntary act of insisting on taking days off without the consent of the employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
unauthorized leave of absence |
|
Decision 74888
Full Text of Decision 74888
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
The claimant voluntarily left her employment as she was travelling to Australia and New Zealand on a work-holiday visa and planned to be away for two years. She returned unexpectedly to care for her brother who was diagnosed with Cancer. When she returned from her trip, she applied for benefits but the Commission refused on the ground she did not have just cause to leave her employment to travel abroad even on a work permit. The appeal by the Commission is allowed by the Umpire.
Decision A0296.08
Full Text of Decision A0296.08
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
In this case, the Commission held that the claimant had voluntarily left his employment without just cause. The Umpire reversed the decision of the BOR which had confirmed the decision of the Commission. The claimant had voluntarily left his employment to close his house for the winter and had not returned to work for two months. The FCA determined that the Umpire had failded to consider keys elements of the case and reiterated that the case law has consistently held that individuals who leave and, as a consequence, lose their employment cannot expect to receive employment insurance benefits.
Decision 67401
Full Text of Decision 67401
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
The evidence before the Board showed that the claimant knew that her vacation had not been approved; yet she chose not to comply with the requirements of her employment that she report for work as scheduled. A reasonable alternative would have the claimant making changes to her vacation plans, especially when she knew several months before that her vacation had not been approved. See also CUB 67400, same case but employer appeal allowed.
Decision 65347
Full Text of Decision 65347
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
After being refused leave, the claimant quit his job to attend his sister's wedding in India. The Umpire had no doubt the claimant felt he had to attend the wedding of his sister, but concluded he was not justified in law to leave employment to attend a wedding. Good cause does not replace just cause, and the claimant was not justified in triggering his unemployment.
Decision 28881
Full Text of Decision 28881
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
Claimant was denied leave of absence to go house hunting and prepare for her pending relocation (to follow husband, an R.C.M.P. officer), but could have been allowed for the week after. Husband had already purchased 3 non-refundable airline tickets for which he had paid $1,200.
Decision 26046
Full Text of Decision 26046
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
Refer to: A-0691.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision A-0691.94
Full Text of Decision A-0691.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
End of contract: 28-8-92; left on 14-8-92 to take 2 weeks holiday with her family; disqualified for 8 weeks. Given that subsection 28(4) was in effect on 8-92 and a consistent precedent from our Court, the Board was justified in deciding that she had voluntarily terminated her employment without justification.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
effective date of proviso |
|
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 24906
Full Text of Decision 24906
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
The employer had promised claimant he could attend the baseball tournament. He had to change his mind because an employee who was scheduled to return from vacation did not, leaving the employer in the position where he had to insist that claimant work on the long weekend. Claimant quit.
Decision 13172
Full Text of Decision 13172
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
His reason for doing so (leaving employment) i.e. in order to take a holiday, may constitute a good personal reason but it does not meet the standard of just cause. Disqualification of 1 week upheld.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary leaving defined |
|
Decision 11818
Full Text of Decision 11818
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Summary:
Work schedule set in 1-85 provided for vacation shutdown in August. Claimant arranged for a trip and paid $400 with no refund after April. Advised in May that vacation shutdown cancelled. Reasons for leaving were personal. Compare loss of $400 with a loss of job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Decision 71326
Full Text of Decision 71326
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
living conditions were not acceptable |
|
Summary:
The claimant alleged that he was asked to work too many hours, between 80 and 90 per week. That is a relatively high number. He also mentioned the living conditions in the remote area where he worked in a gold mine, living in a tent 45 minutes by helicopter from the nearest truck stop. He claimed that the living conditions were not acceptable, despite the periods of leave granted. He said that the conditions were difficult, even though he had 14 days of leave followed by 14 days of work. He also complained that he had a girlfriend whom he had been with since April 1, 2007 and that it was difficult to maintain the relationship because of the distance between James Bay and the girlfriend's home. This was not a matter of a common-law relationship of several months, but rather a relationship of a few months. Finally, the claimant left his employment and, oddly enough, he returned later, under other conditions. The appeal is dismissed.
Decision 64654
Full Text of Decision 64654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
The claimant left his employment fearing his employer's bankruptcy and did not want to take the risk of losing his pension fund or having it frozen until he was 65 years old. The Umpire confirmed the decision of the Board of Referees finding that the claimant's personal choice, which he had made because of a certain risk associated with his accumulated pension fund, was not just cause within the meaning of the legislation or case law.
Decision A-0765.95
Full Text of Decision A-0765.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Quit job in 02-94 in order to be able to benefit from a severance package. Reason for accepting the buy-out was that she would be moving in 06-94 to be with her husband. FCA's reasoning in Tanguay reinforced: an employee "who leaves his employment for the purpose of gaining some monetary advantage" is "not a circumstance which justifies him in putting himself in a position where he risks having to go back on unemployment".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision A-0175.96
Full Text of Decision A-0175.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Claimant quit lengthy employment when the severance pay provisions of her collective agreement were threatened by current negotiations. While her resignation was understandable, it was precipitous and the FCA ruled that the claimant had not established "just cause" under s.28 of the Act as she had no reasonable assurance of another employment in the near future or experienced "undue" pressure by the employer to quit.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
| voluntarily leaving employment |
just cause |
undue pressure to quit |
|
Decision 26451
Full Text of Decision 26451
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Claimant had a choice: to continue his employment or to take retirement. As noted in CUB 10569, the fears expressed by claimant that the terms and conditions of his retirement package might later change are not of a nature to establish just cause.
Decision 25325
Full Text of Decision 25325
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
I am satisfied that just because a person might gain some financial advantage or avoid a financial disadvantage (changes in the income tax system affecting pensions) by quitting his job, this does not amount to a circumstance where there is no reasonable alternative to him quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Decision 24993
Full Text of Decision 24993
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Claimant was faced with a choice, work for 6 more months in a job which he knew would no longer exist or voluntarily leave 6 months early and accept a cash-out payment. He chose the latter. Although he may have had good reasons for doing so, they cannotbe said to constitute just cause. See TANGUAY.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
workforce reduction |
|
Decision 21047
Full Text of Decision 21047
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Teacher who, because of legislative amendment, may have lost possibility to choose reimbursement of her payments to the pension fund; quits to avail herself of that possibility before coming into force of new act. Seven-week exclusion maintained.
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 |
personal reasons |
monetary considerations |
|
Summary:
Fact that employee may have believed he would have enough money to live without working is not just cause. I would say the same of someone who quit in order to obtain a monetary advantage. [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 |
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 |
|
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision A0429.10
Full Text of Decision A0429.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left his part-time employment in order to move to his parent’s home and save on living expenses during his summer break from school. However, the claimant did not secure employment before leaving, nor did he request a leave of absence from his part-time employment. The jurisprudence states that remaining in employment until a new job is secured is, without more, generally a reasonable alternative to taking a unilateral decision to quit a job. Further, a claimant's desire to improve his or her financial situation may constitute good cause , but it does not constitute just cause within the meaning of the Act.
Decision 77355
Full Text of Decision 77355
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left her employment and moved to another location with her boyfriend of 7 months, her common-law partner. However, the claimant does not meet the time factor of one-year cohabitation as required by the Act. . Accordingly, the appeal by the claimant is dismissed by the Umpire.
Decision 76638
Full Text of Decision 76638
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
In her application for benefits the claimant stated that she had taken a leave of absence as she wanted a better life for herself and her daughter, therefore moved to Ontario from Nain Inuit. The Commission refused to pay the claimant benefits since it was of the view that she had left her employment without just cause. In addition, the Commission imposed a disentitlement because since leaving her employment, the claimant had not been looking for work. The claimant's appeal is dismissed by the BOR and by the Umpire.
Decision 76656
Full Text of Decision 76656
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left her employment in Kingston to relocate in Whitby with the objective to diminish her living expenses and obtain better job opportunities in order to improve her working conditions. Based upon the facts, the Commission determined that the claimant did not demonstrate just cause for voluntary leaving her employment because she failed to show that she had no reasonable alternative to leaving when she did. Having so concluded, the Commission imposed the claimant an indefinite disqualification. The Board ultimately found that the claimant had made an unwise personal financial decision. According to the Umpire, the decision of the Board to the effect that the claimant had not demonstrated just cause for leaving her employment since she had a reasonable alternative is justified in fact and in law. For these reasons, the appeal is dismissed by the Umpire.
Decision 75597
Full Text of Decision 75597
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left his job to travel to and live in Winnipeg in order to follow his fiancée who had been transferred to Winnipeg. Prior to leaving Montreal, the claimant and his fiancée had not cohabited and they had no children together. The Board finds that the claimant does not meet the obligations to care for a member of his immediate family under the meaning of Subsection 51(1) of the EI Regulations. The Board concludes that the claimant did not have just cause for leaving his employment pursuant to sections 29 and 30 of the EI Act. The appeal by the claimant before the Umpire is dismissed.
Decision 73166
Full Text of Decision 73166
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left his employment on January 29, 2009 and made a claim for benefits. The claimant had apparently arranged with a friend to rent an apartment and attend university during the fall of 2009. The claimant felt he could easily get a job in either Brampton or Toronto at a higher wage. As a result, the claimant gave two weeks notice effective January 29. Unfortunately, the claimant's friend changed his mind about moving therefore, the claimant did not have a place to live in Toronto. The claimant then decided that he would go back to his original job. When he did that, the employer advised him that it was too late because his resignation had been processed. The appeal of the Commission is allowed
Decision 72298
Full Text of Decision 72298
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left NB to work in AB. He was employed and worked as a heavy diesel mechanic until of May, 2008. He then quit his employment to move back to New Brunswick to continue his apprenticeship. The Commission then contacted the education authorities in Alberta and was advised that the claimant's hours were transferrable. The evidence is clear that it was the claimant who made a personal choice to quit his job in order to move back to New Brunswick to continue his apprenticeship. The appeal of the Commission is allowed.
Decision A0344.07
Full Text of Decision A0344.07
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant had two jobs in Toronto, one full-time the other part-time. After losing the full-time job, the claimant quit the part-time job with Best Buy and moved to Vancouver to be supported by his family while he looked for employment there. His wife had moved to Vancouver after the claimant lost his full-time job because of their loss of income and the high cost of living in Toronto. The Court said in part: "The Umpire noted that the Board had found that the claimant did not ask Best Buy for more hours of work, nor took up the employer's offer to assist him to obtain employment with Best Buy in Vancouver. The standard of review applicable to a decision of an Umpire is correctness on questions of law and unreasonableness on the application of the law to the facts. Having found that the Umpire committed no error of law in his interpretation of the Act, we are not persuaded that, on the basis of the record, it was unreasonable to conclude that the claimant voluntarily quit his employment with Best Buy."
Decision 68759
Full Text of Decision 68759
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant left her employment in Thompson, Manitoba to move with her spouse to BC where they had bought a property ten years earlier. The husband had decided to quit his job and as a couple they decided to move to BC. This decision cannot be described as resulting from an obligation to accompany a spouse pursuant to paragraph 29(c)(ii) of the Act.
Decision 64052
Full Text of Decision 64052
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant quit her job to join her husband who moved to establish a business impending his permanent lay-off. The judge sated that when one spouse is facing loss of work or retirement both spouses have to make a joint decision about their future. Spouses are entitled to live together and when one spouse moves, for whatever reason, there is surely an obligation on the other spouse to follow.
Decision 56784
Full Text of Decision 56784
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Claimant first stated that she left her job to be closer to the family. Subsequently, she stated that she moved because her husband thought he was going to get a transfer to Mississauga but his employer did not accede to the husband's request for a transfer. In the meantime claimant and husband had already sold their home. Found by BOR and sustained by the Umpire that the claimant and her spouse made a personal decision to move and that did not satisfy the concept of just cause. Appeal dismissed.
Decision A-0030.00
Full Text of Decision A-0030.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant could not validly cite moving as a reason for leaving, since it resulted from her going back to school.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 50352
Full Text of Decision 50352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Claimant quit job in N.S. to attend Concordia University in Montreal, which is the only institution in Canada offering the course which she wanted to follow. Held by Umpire that leaving employment to follow a course has always been said to be a purely personal decision and does not constitute just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 49011
Full Text of Decision 49011
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Claimant quit to move to Brampton to be with fiancée. No common law relationship established prior to moving. No children involved and no proposed marriage date until 11 months later. BOR was of the view that the situation was similar to a person moving to get married and allowed the appeal. In reference to Tanguay (A-1458.84), the Umpire found that claimant had not exhausted all reasonable alternatives available to her prior to leaving her employment. Commission's appeal was allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 47599
Full Text of Decision 47599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
In the summer of 1997, claimant's wife gave him an ultimatum that if the relationship was to continue he would need to work around home instead of up North. He left before Christmas 1997 to return home to go to school and he did not request leave before leaving. Claimant decided not to return to work, alleging the necessity to follow a spouse and also take a course of study. Disqualification imposed for having left his employment without just cause. Decision upheld by Umpire. Claimant initially took the position while fully aware that it would mean living away from his wife. It cannot retroactively be good cause for him to leave in order to relocate with her without showing he had no other alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 43829A
Full Text of Decision 43829A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
See summary under FCA A-0030.00
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 42390A
Full Text of Decision 42390A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Living in Toronto, the claimant and her husband mutually agreed to purchase a home in Barrie. Claimant quit because of difficulties to commute daily and was disqualified for having left her job without just cause. Disqualification upheld by BOR. Found that the decision to relocate was purely personal, not necessitated by a spousal job transfer and that there was no urgent or compelling reason to quit until all alternatives were considered.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 43463
Full Text of Decision 43463
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Claimant quit his job because he could no longer afford to live in Kitchener and could not afford his apartment. He moved back with his parents so that he could pay off his debts. Umpire found that although it is clear that claimant had financial problems it was incumbent upon him to make a genuine effort to resolve these difficulties in some manner other than leaving the employment in which he was engaged.
Decision 41254A
Full Text of Decision 41254A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Claimant left her job because she became engaged to a man who lived one and one-half hours away from her residence and moved to his residence to live with him. Umpire concluded that the reasons she provided for leaving her job do not meet the definition of just cause. She provided nothing more than what may be described as a good personal reason.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 42076
Full Text of Decision 42076
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Because of financial reasons, claimant decided to sell his home in Oshawa, quit his job where he was employed for the period of 1988 to 1997 and move to his second home in BC. Umpire concluded that circumstances which induced the claimant to leave his employment may have been motivated by good personal reasons. However, his reasons for leaving Oshawa were personal financial reasons, good cause maybe, but not just cause.
Decision 40765
Full Text of Decision 40765
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
In the space of a few days, he was transferred to Borden, to Ottawa and to Petawawa. His family refused to follow him to Petawawa, and he therefore requested voluntary retirement. Umpire found that the claimant no doubt had good personal reasons for quitting, but a “reason” or “motive” is not synonymous with just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
armed forces |
|
Decision 37153
Full Text of Decision 37153
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Quit because she was concerned about the impact of the city environment on the best interests of her children, she wished to relocate. Although her goal is laudable, seeking to provide her children with an environment which, in her view, is more conducive to their best interests, it does not constitute just cause.
Decision 28711
Full Text of Decision 28711
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Montrealer who, instead of relying on welfare, accepts employment in B.C. Quits after 5 months to return to Montreal; missed his family, not bilingual and at to endure racism at work (called upon to do the most menial tasks).
Decision 22117
Full Text of Decision 22117
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Refer to: A-1677.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
distance too great |
|
Decision A-1677.92
Full Text of Decision A-1677.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
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): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
distance too great |
|
Decision 20963
Full Text of Decision 20963
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Had a house built 80 km from place of work and then moved into it. No adequate transportation. Did not look for anything else before quitting.
Decision 19420
Full Text of Decision 19420
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
His decision to relocate in Alberta for purposes of career advancement in the field of music did not constitute just cause for leaving his seasonal employment in Prince Edward Island at the beginning of the season. TANGUAY examined. Disqualification reduced to 3 weeks.
Decision 17491
Full Text of Decision 17491
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Just cause not defined but interpreted judicially on many occasions. Generally, personal reasons such as a dislike of the employer, a desire to return to school or to relocate do not amount to just cause. To quit Alberta to relocate or return to Ontariois not just cause.
Decision 16793
Full Text of Decision 16793
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Disqualified 4 weeks. Left to move to New Zealand. His reasons for going there probably constituted good cause: ailing health of elderly relatives. But he left 3 months in advance in order to arrange for the move and sell his property. In addition, availability not proven.
Decision 16306
Full Text of Decision 16306
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Young Quebecer who went to work in Toronto in order to learn English and came back after 6 months, believing he would find work in Quebec. The Board was undoubtedly justified in reducing the disqualification period from 6 to
2 weeks, and there is no reason to cancel it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
Decision 12464
Full Text of Decision 12464
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Leaves employment in Peterborough. Had a new home built in Milbrook, 32 miles away. No evidence of job search or attempts to commute. No error for the Board to uphold a 6-week disqualification and non-availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
|
| basic concepts |
waiting period |
|
|
Decision 11645
Full Text of Decision 11645
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Not contested that his history of employment in Edmonton had not been good or prospects for employment were dim. It seems as if he took a reasonable course of action in leaving Edmonton. Disqualification reduced to 4 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
impending layoff |
|
Decision 72680
Full Text of Decision 72680
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
religious belief |
|
Summary:
The claimant had been recalled to work but failed to return to work. The Commission determined that the claimant had left his employment without just cause and imposed an indefinite disqualification. The reason given by the claimant for refusing to return to his employment was that it was against his religion to eat beef, cut it or handle it. He acknowledged that he had been working at this employment for two years. He had not asked his employer if there could have been another job available for him because this was a slaughtering plant and this was the nature of the work. The appeal is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Decision 76441
Full Text of Decision 76441
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant was given a difficult choice when it was discovered he could no longer obtain the necessary security clearance to do his job because of a criminal charge. He had two choices: (1) leave employment and take a retirement package or (2) be dismissed without the severance package. He did not look for other employment prior to leaving and did not seek a transfer. He therefore accepted the retirement package. The Commission held: in so doing, he had voluntarily left his employment without just cause. The appeal by the claimant is dismissed by the Umpire.
Decision 77528
Full Text of Decision 77528
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant states she quit her employment through voluntary retirement pursuant to Sections 29 and 30 of the Employment Insurance Act. She qualified for the early Canada Pension benefits. The claimant did return to work under a contract but this work was not insurable. The employment insurance system was not established to help retirees increase their pension income but to help individuals who become unemployed for reasons beyond their control. The appeal by the claimant is dismissed by the Umpire.
Decision 76440
Full Text of Decision 76440
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant was denied benefits, the Commission having ruled she had voluntarily left her employment without just cause, within the meaning of ss. 29 and 30 of the Employment Insurance Act. The claimant took advantage of the retirement package since her job had become too fast paced for her and too difficult, and she was looking for lighter-duty work. According to the employer, the claimant would still be employed if she had not accepted the package, it is obvious from the file of appeal that, because of her seniority, she would not have been laid off. The appeal by the claimant is dismissed by the Umpire.
Decision 72685
Full Text of Decision 72685
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant left his employment because he was retiring. He added that he had voluntarily decided to retire and that this was not related to his age or to health problems. He added that he was able to take an early retirement at age 55 and had chosen to do so and look for work closer to his home. The Commission determined that the claimant had voluntarily left his employment without just cause and imposed an indefinite disqualification. The Commission's appeal is allowed and the Board of Referees' decision is set aside by the Umpire
Decision 72211
Full Text of Decision 72211
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant was 72 years of age and had worked for the same employer for approximately 20 years. She requested to take her retirement and gave a four-month notice and left. In doing so, she triggered her unemployment since she was not due to retire but felt, having consulted her doctor, she could not continue work in a stressed environment. It is well established law that when one goes on early retirement or prior to the compulsory retirement age set by the employer, it is deemed the person triggered her unemployment and benefits are almost automatically denied. The Umpire dismissed the Appeal.
Decision 71411
Full Text of Decision 71411
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The claimant worked for over ten years with his employer up to July 31, 2007. At that time he voluntarily retired. He quit his job because of retirement, having reached 65, as well as having health problems. Evidence from the employer was that there was no mandatory retirement policy with the company and the claimant could have continued working after age 65. The employer also stated that they had no information concerning the claimant having medical problems that would cause him to retire. The employer also stated that if there were some problems for the claimant continuing his job, they may have accommodated him with lighter duties. The appeal of the claimant is dismissed.
Decision 39292
Full Text of Decision 39292
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
The jurisprudence has established that a claimant who retires when he is entitled to continue working is deemed to have voluntarily left his employment within the meaning of subsection 28(1) of the Act and does not have just cause for doing so under subsection 28(4) of the Act.
Decision 39092
Full Text of Decision 39092
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Claimant made a personal choice to take early retirement and relocate to his wife's home town. The jurisprudence has clearly established that although a claimant may have good reasons to leave an employment, these reasons do not necessarily constitute "just cause" within the meaning of the Act. In this case, it was a personal decision.
Decision 35453
Full Text of Decision 35453
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
In 12-92, the claimant was notified that she could receive insurance only if she took early retirement before 12-93. This was a personal choice; the employer exerted no pressure. She knew one year beforehand that she would be unemployed. Should have looked for a job.
Decision 34458
Full Text of Decision 34458
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
According to the employer, positions were abolished by attrition. The beneficiary chose to retire in order to receive the early retirement package and take advantage of the pension offered by the employer. This does not meet the criteria for a staff cut program set forth in s. 56.1 of the Regulations.
The evidence on record shows that the beneficiary left his position, not in order to make way for a younger employee, but to take advantage of a pre-retirement package and receive the pension offered by the employer. This reason may be a good one, but does not provide sufficient grounds under the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
workforce reduction |
|
Decision 25325
Full Text of Decision 25325
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
It may have been perfectly reasonable to make the value judgments he did in choosing early retirement and the options open for him. But he cannot expect to have unqualified UI benefits as the result of a choice which he himself made to quit. UI is for those who cannot get jobs or are laid off.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Decision 21655
Full Text of Decision 21655
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Railway worker who opted for early retirement (4 months early). He elected to do it in order to preserve the job of the young man who was working with him as an apprentice. Several arguments put forward. His concern for saving money for the UI fund doesnot provide just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Decision 15286A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Teacher who retired when his age plus years of service equalled 85. He understands voluntary leaving to occur when one leaves before the time at which he had the right to do so. TANGUAY referred to. No doubt he left voluntarily. 2-week disqualification upheld.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
Decision 15447
Full Text of Decision 15447
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
To make an opening for a younger employee is not enough. Claimant must show just cause in terms of his personal employment. Claimant's interest in encouraging the young may be commendable in social terms and may even justify a reduction of disqualification but not just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Decision 12228A
Full Text of Decision 12228A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Social pressure exerted by younger people is not sufficient; did not approach fellow workers or employer or try to find other employment; no urgency to leave.
Decision 12655
Full Text of Decision 12655
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Disqualified for 2 weeks; TANGUAY considered. Claimant's decision to retire when he did was purely legitimate and personally justifiable. Nonetheless became voluntarily unemployed and liable to penalty.
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 |
personal reasons |
retirement |
|
Summary:
Fact that employee may have believed he would have enough money to live without working is not just cause. I would say the same of someone who quit in order to obtain a monetary advantage. [p. 6]
The board referred to social pressure. However, there is nothing to show that the insured were ever victims of harassment from younger employees. The mere desire of young people to get older people to give up their positions is not sufficient. [p. 5]
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 |
new employment |
a requirement |
|
| board of referees |
errors in law |
meaning of a term |
|
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision A-0020.82
Full Text of Decision A-0020.82
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Package deal offered to older employees of Massey-Ferguson to make way for younger people. The Board's finding that claimant left without just cause is supported by material before them and Umpire erred in law in substituting his own view. 6-week disqualification restored.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
claimants treated differently |
|
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
| umpires |
grounds of appeal |
capricious finding |
req'd |
