Decision 75941
Full Text of Decision 75941
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
acts of violence |
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Summary:
The claimant was accused by a co-worker of "molestation" and the employer launched an investigation. The claimant was banned from the premises during the investigation and he quit because he felt he would not get a fair hearing. The Commission refused to pay benefits to the claimant since it was of the view that he had quit without just cause. The Board finds as FACT that the claimant did not have 'Just Cause' for voluntarily resigning his employment." The claimant quit prior to the completion of the investigation pertaining to the allegations of molestation. The appeal by the claimant is dismissed by the Umpire.
Decision 19586
Full Text of Decision 19586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
acts of violence |
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Summary:
Claimant was assaulted at work. I believe that it is the responsibility of the employer to do all that is necessary to ensure that the employees are protected particularly if they deal with individuals who may be intoxicated. This he refused to do and this alone is just cause.
Decision 12293
Full Text of Decision 12293
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
acts of violence |
|
Summary:
A claimant must make reasonable attempts to resolve the differences and conflicts. Inter-personal conflicts, demanding bosses, unhappy work-places might not amount to just cause. Actual physical violence with well-founded apprehension that it will be repeated does.
Decision 71410
Full Text of Decision 71410
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
discrimination |
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Summary:
The claimant had a crack cocaine addiction problem. The employer gave him the opportunity of dealing with his problem on the condition that he attend a treatment program and then confirm his sobriety by submitting to random drug screens. The employer had indicated that drug use was a safety concern given that the claimant was operating machinery. The claimant had agreed to submit to testing. There is no doubt that the claimant was not given any choice but to sign the agreement but, as stated by the Board of Referees, the employer was within its right to require this commitment on the claimant's part given his addiction problem and the nature of his employment. The claimant breached his agreement. He tested negative for drug use in July 2007. When he was asked to submit to a drug test in October 2007, he did not attend for his test and quit his employment. The claimant stated that he had quit his employment because of harassment. He nevertheless felt that requiring him to submit to a drug test was discriminatory. The appeal is dismissed.
Decision 08892
Full Text of Decision 08892
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
discrimination |
|
Summary:
Where the issue is racial attitude as opposed to physical working conditions, there is often a total absence of objective evidence upon which to make the judgment. No denial here that the racial complaint was well founded. He discussed it with his employer. What more could he do?
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 75295
Full Text of Decision 75295
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
The claimant stated that she left her employment after 24 years because her employer criticized and verbally abused her in front of other employees and patients. In May 2009, he called her an idiot in a conversation with an assistant. Finally, on July 2, 2009, the claimant attempted to discuss the situation with the employer, who once again ignored her and looked at her with indifference. The claimant then decided that she could no longer tolerate the stress of the situation and resigned. The employer stated that he did not know why the claimant left her employment. He added that he was unaware that the claimant believed that there was a problem in their working relationship. He explained that the claimant had personal problems that caused her stress. The Board of Referees found that, under the circumstances, the claimant had other reasonable alternatives than to immediately leave her employment. The appeal is dismissed by the Umpire.
Decision 39207
Full Text of Decision 39207
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
Claimant left his job because a co-woker shouted and swore at him in demeaning fashion. Umpire concluded that a serious altercation with a co-worker, which has reached the point where physical violence was threatened and which situation the employer did not attempt to damper or mediate, is surely just cause for leaving the workplace.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
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Decision 21175A
Full Text of Decision 21175A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
Dental hygienist who says her employer swore and yelled at her in front of a patient. The time has long gone by when any employer can swear at his employee in front of the public. This creates an intolerable situation and such employer's actions should not be tolerated in this society.
Decision 21681
Full Text of Decision 21681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
No single incident in his employment history would be enough to justify his leaving but the totality of the circumstances must be considered. That totality describes a situation which became increasingly vexing and discouraging and which justified the ultimate decision taken.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
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| voluntarily leaving employment |
just cause |
definition |
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Decision 21519
Full Text of Decision 21519
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
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Summary:
Left following incident during which her employer belittled her. No evidence that she ever attempted to confront her employer with her feelings of dissatisfaction about the manner in which he spoke to her. No attempt to secure alternative work. Not an intolerable situation.
Decision 17181
Full Text of Decision 17181
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
Abusive language from a colleague and left. Challenged the severity of the 6-week disqualification. The period does not seem unreasonable. He left impulsively because of an incident which, although it might have been hurtful to him, was never the less mild.
Decision 14137A
Full Text of Decision 14137A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
His difficulties at work arose out of a personality conflict between himself and supervisor. Some very intemperate language was directed at claimant by his employers. While a prudent person would have looked for other employment, disqualification reduced to minimal one week.
Decision 12997
Full Text of Decision 12997
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
Harassment. Referred to as a scab. Verbal violence unheeded by those [foreman and union] who were in a control position to do something about it. Isolation from fellow workers. One-week disqualification eliminated.
other summary
| Other Issue(s): |
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| penalties |
rationale |
|
|
Decision 12078
Full Text of Decision 12078
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Summary:
Given the foreman's open hostility toward the claimant and his employer's apparent indifference, what more could he have reasonably done? Factual case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 64050
Full Text of Decision 64050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
scolding |
|
Summary:
Even though the Commission had concluded that the claimant had not been suspended for misconduct, he was disqualified for refusing to resume his employment at the conclusion of the period of suspension. The Umpire stated that the suspension was not relevant to the issue of whether there was just cause to refuse to resume work and concluded that there was no evidence to show that the claimant had no reasonable alternative to do so.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
Decision 29282
Full Text of Decision 29282
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
scolding |
|
Summary:
Claimant quit due to some extreme personal problems and "out of anger". The fact that he attempted to get his job back on the following Monday is evidence that he considered that he had quit without just cause.
Decision 21701
Full Text of Decision 21701
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
scolding |
|
Summary:
The Board found that this one event (the accusations) was not justification for a sudden resignation. No evidence of such intolerable conditions that she could not carry on for at least a time seeking other work as well as perhaps some reconciliation with her long-time employer.
Decision 19527
Full Text of Decision 19527
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
scolding |
|
Summary:
If a workman is absent from his designated post his supervisor has a right to an explanation and likewise the worker has a duty to give one. The mere fact that a supervisor asks for an explanation cannot possibly amount to just cause for quitting.
Decision 15498
Full Text of Decision 15498
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
scolding |
|
Summary:
The employer's reprimand may have been inappropriate and difficult for claimant to accept, but did not constitute just cause for her to prematurely leave her employment.
Decision 14626A
Full Text of Decision 14626A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
theft |
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Summary:
While claimant was clearly upset by the theft of her purse which she had left on her desk, this may be a strong personal reason but not just cause for leaving after one week of work. However, disqualification reduced from 4 to 2 weeks.
Decision 74358
Full Text of Decision 74358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
The claimant voluntarily left his job because he did not get along with the supervisor. His brother-in-law told him he could get work in Winnipeg, but his wife disliked the city and therefore did not seek work. The claimant wanted to return to his old job, but couldn’t get it back. The Commission determined that the claimant did not demonstrate just cause for voluntarily leaving his employment because he failed to show that he had no reasonable alternative to leaving when he did. A reasonable alternative would have been to remain employed until a firm job had been secured. The appeal by the claimant is dismissed.
Decision 65459
Full Text of Decision 65459
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
The claimant quit her job after being advised that a new manager, whom she knew, was being appointed and who had made statements that she would give the claimant a hard time. The Umpire suggested that had the claimant stayed and the new manager followed through with her alleged threats, it may be that that person and not the claimant would have been discharged or, in the alternative, the claimant would have had a case for constructive dismissal. The judge concluded that the claimant made her move too soon and did not have the evidence required under s. 29(c) of the Act to provide just cause.
Decision 26616
Full Text of Decision 26616
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
I have no doubt that the employer-employee relationship was not pleasant and serene. An employee does not have to tolerate verbal mistreatment, hostility and harassment. However, in the case at bar, the Board did not find that the working relationship had deteriorated to such a point.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
evidence new |
|
Decision 25700
Full Text of Decision 25700
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
Dissatisfaction with work coupled with adaptation problems or personality conflicts do not constitute just cause for voluntary separation.
Decision 22204
Full Text of Decision 22204
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
Claimant was asked by the Board of Directors to report to them on the supervisor's conduct, and was subsequently subjected to retaliatory action from the supervisor. The Directors refused to take corrective action. The Board of Referees was correct in characterizing this as an intolerable situation.
Decision 22002
Full Text of Decision 22002
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
There is no evidence that the interpersonal friction arising between the claimant and certain of her co-workers was the result of anything other than conflicting personalities, a matter that by itself does not constitute just cause.
Decision 20434
Full Text of Decision 20434
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
A personality conflict does not constitute just cause. It was incumbent upon the claimant to make some effort to mitigate the uneasy situation resulting from the personality conflict which he had with the foreman and failing that, to undertake a search for alternate employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Decision 19926
Full Text of Decision 19926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
A matter of credibility; as the Board recognized the boss's bad temper and granted full credibility to beneficiary to the effect he tried to be transferred to another department and had looked for a job elsewhere, the latter was justified in quitting.
Decision 15216
Full Text of Decision 15216
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
Left after 5 days. Work misdescribed to her at hiring. Entirely understandable she should not feel qualified to be working as collection agent with respect to individuals located in Quebec when she lacks facility in French language.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
| board of referees |
hearings |
tape-recording |
|
| board of referees |
right to be heard |
improper hearing |
|
| penalties |
proof |
need for an explanation |
|
| board of referees |
weight of statements |
by telephone |
|
Decision 14073
Full Text of Decision 14073
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
Resident of Quebec in Ontario; unilingual English atmosphere; became homesick. This is not the sort of discomfort that constitutes just cause. Several francophone fellow workers. Disqualification reduced to 3 weeks because of language and to 2 weeks in view of distance.
Decision 12913
Full Text of Decision 12913
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
There is no evidence here that the claimant was subjected to such working conditions as would encourage a prudent individual to immediately leave without first securing alternative employment. No evidence that claimant exhausted all reasonable means to redress grievance.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
Decision 12734
Full Text of Decision 12734
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
Working conditions not so unbearable that he had no choice but to leave. Although he may have had personality conflicts with the employer, a prudent individual would not have immediately left without securing other work or attempting to rectify the situation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
factual cases |
retroactive disqualification |
|
Decision 12518
Full Text of Decision 12518
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Summary:
He was an Executive Director. His responsibility is to make sure the organization functions properly. Can only do so if he has the confidence of Board of Directors. The Board of Directors refused to accept his advice. This is just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
