Decision T227.18
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
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Summary:
This is a Judicial Review of a SST-Appeal Division decision denying the claimant leave to appeal a decision of the SST-General Division that confirms the Commission's decision to deny the claimant's application for regular EI benefits on the grounds that he voluntarily left his employment without just cause.The application for judicial review was dismissed.
Decision A0057.06
Full Text of Decision A0057.06
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
Suitability |
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Summary:
The claimant accepted a job at less than past wages and later left because of its alleged unsuitability, less hours than anticipated. The case was sympathetic since it involved retroactivity and a large overpayment. In short, the Court said: given the error by the Board in regard to the meaning of just cause, the total absence of evidence as to suitable employment under section 27 of the EI Act (refusal of suitable employment) and the fact that section 27 did not apply in this case, the Umpire should have intervened. The Court took into account the following decisions: Tanguay (A-1458-84), Côté (A-562-04) and Tremblay (A-50-94).
Decision 76553
Full Text of Decision 76553
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
The claimant left his job because, according to him, he was not given a promotion that had been promised. While the employer acknowledged that the claimant had quit without just cause and denied benefits. The majority Board finds as a fact that the claimant may have good personal reasons for leaving his employment but is not sufficient to establish just cause. The appeal before the Umpire is dismissed.
Decision 76349
Full Text of Decision 76349
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
The claimant left his job because of a shift change. He wanted an increase in pay because of the change which was refused by the employer. The claimant states he left his position because the shift change which would result in additional duties. The employer confirmed the claimant had been offered a shift change with an end time of 8:00 PM rather than 5:00 PM with duties remaining the same but the claimant would be working alone after 3:00 PM. The claimant was offered this change of shift because the claimant had difficulty in coming to work by 9:00 AM and would show up late on a regular basis. The employer could not justify increasing the wage. The Board finds that the claimant voluntarily lost his employment. 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 |
just cause |
hasty leaving |
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Decision A0321.07
Full Text of Decision A0321.07
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
The employer appealed six decisions in which the Umpire confirmed the BOR's decision that claimants had just cause for leaving their employment. The BOR had considered the employer's refusal to improve the poor working conditions and the lack of evidence from the employer that the new wage structure would benefit the employees. The FCA ruled the BOR made findings of fact that were reasonably open to it and within its mandate which could not be interfered with by the umpire. The conclusion that the employer announced a significant unilateral change to the terms and working conditions, regardless of their date of implementation, was sufficient to justify the Board's finding of just cause under section 29(c) (vii) of the Employment Insurance Act. Similar cases: A0320.07, A0322.07, A0323.07, A0324.07 and A0325.07.
Decision a0316.07
Full Text of Decision a0316.07
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
The majority Board members dismissed 5 appeals on the basis that there was not sufficient evidence to determine whether there had a 'significant change' in wages and/or work duties and that there was no real urgency for the claimants to quit their jobs since they had not exhausted all reasonable alternatives. The Umpire overturned the majority decision of the Board on the basis that the majority Board had erred in the weighing of the evidence before it and that the minority decision was reasonable given the evidence. The FCA allowed the employer's appeal on the basis that the Umpire incorrectly analyzed the majority Board decision because she held that they failed to give sufficient weight to the evidence and such a determination is not within the powers of the Umpire.
Similar cases: A0315.07, A0317.07, A.0318.07 and A0319.07.
Decision 68198
Full Text of Decision 68198
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Eleven seamstresses walked off their jobs because of a dispute with the employer over policies regarding wages and working conditions. The employees submitted a written letter to the Commission stating that they felt that they had just cause for quitting because the employer unilaterally modified the original employment terms and conditions of wages and benefits to their detriment . They listed a number of incidents of the employer reducing their wages, eliminating coffee breaks, not receiving overtime. In conclusion the employees stated that the working conditions that had been implemented by the employer since the spring of 2005 had angered and disappointed them. Benefits they had previously received had been replaced by rewards that were not well defined. The employees had asked the employer for an explanation of the changes but they did not receive a response. These repeated policy changes had resulted in the employees having a loss of confidence in management. The employer's appeals were denied - CUBs 69193 to 69198. The claimants' appeals were allowed with Commission concession in CUBs 68188 to 68192.
Decision 55217
Full Text of Decision 55217
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| voluntarily leaving employment |
working conditions |
change |
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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: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
hasty leaving |
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| voluntarily leaving employment |
personal reasons |
family considerations |
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Decision 41132
Full Text of Decision 41132
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Act does not require that it be an emergency situation that leads to separation from employment as a result of significant changes in working conditions, but that the changes be significant and that, in the circumstances, leaving be the only reasonable alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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| voluntarily leaving employment |
legislation |
rationale |
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| board of referees |
rules of construction |
legal presumption |
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Decision 40580
Full Text of Decision 40580
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant was hired with his truck on a monthly basis. The agreement provides that the employer would use the truck for a minimum number of hours each day and it would compensate claimant for overtime use at a higher rate. Problems arose concerning the use of the truck and the employer decided to discontinue its use but would have permitted the claimant to continue his job. Claimant decided to leave. Umpire found that the agreement although informal was nevertheless bending in law. He concluded that the agreement was breached by the employer and that the act on the part of the employer provided the claimant just cause for leaving his employement.
Decision 39752
Full Text of Decision 39752
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
The demand by the employer requiring the claimant to acquire a CB radio to allow the employer to better perform its contract injects a new provision and change to the terms and conditions of employment without the claimant's consent and that alone provides the claimant just cause for leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
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Decision 36391
Full Text of Decision 36391
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant demoted with hours reduced from full time to 14 hours per week. It was found that rather than dismiss the claimant, the employer had decided to marginalize her position. The claimant had no choice but to quit under the circumstances.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
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Decision A-0584.95
Full Text of Decision A-0584.95
summary
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Quit as a cook alleging that he was forced to do dangerous knife work while socializing with customers. It created a physical danger to his health and safety and was a change in the original job description. Umpire ruled that while there was some danger in using the knives, it was not a danger to health and safety within the meaning of s. 28(4)d) nor was it a significant change in work duties within the meaning of clause i). This was part of the job, he accepted and it was not an unreasonnable job requirement constituting just cause for voluntarily leaving. FCA maintained Umpire's decision.
other summary
| Other Issue(s): |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
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Decision 32394
Full Text of Decision 32394
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Beneficiary worked as a supervisor from 7:30 am to 4:30 pm for 5 years. His position was abolished, and he was offered the position of a night operator, with hours from 5:30 pm to 1:30 am. Ruled that the beneficiary's working conditions changed sufficiently to justify his departure.
Decision 31566
Full Text of Decision 31566
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
A work at home arrangement was authorized. Shortly after, arrangement was ended and claimant informed to work full time at the station. Board allowed the claim under 28(4)(i) of the Act. Decision rescinded: evidence does not disclose a change in work duties but rather a change in the place of work.
Decision 26063
Full Text of Decision 26063
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Life insurance agent; left in 8-92. Insufficient sales and the company decided to pay him commission only. It is clear that his work contract provided for the possibility of changing his working conditions at any time, without prior notice. The Board erred in law.
Decision 25998
Full Text of Decision 25998
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employed 16 years as waitress. Was offered cashier work in 12-93 upon closing restaurant in employer's store, with reduced hours, considerable change in schedule and no tips. These constitute major changes in employment. Just cause was proven in light of the change in duties.
Decision 25483
Full Text of Decision 25483
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Left in 4-92. Claimant's working hours were changed from full-time to part-time and to hours which interfered with her family commitments. For her, that may have seemed like just cause for leaving. However, the Act and the jurisprudence which has developed in consequence of s.28 require more.
Decision 25468
Full Text of Decision 25468
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Apprentice electrician who refused in 8-93 a 3-day assignment at another location. It is true that this notice was very abrupt but it was not reasonable for him to risk his job, and to put the cost of his unemployment on the UI fund because of the relatively minor personal inconveniences involved.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
transfer |
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Decision 25479
Full Text of Decision 25479
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
This full-time job was transformed to a job requiring some 16 hours of work a week in light of reduction in tourism effective in 9-91. It is obvious that dissatisfaction with the amount of work available is not sufficient to amount to just cause.
Decision 25314
Full Text of Decision 25314
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
The Board decided that the employer unilaterally amended the terms of employment. This decision is erroneous because the only change was in the room where the claimant worked. Given all the circumstances, this was not the only reasonable solution in the case at bar.
Decision 25050
Full Text of Decision 25050
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Left in 8-92. It became impossible for the employer to continue to pay her $200 a week to perform bookkeeping work which was part of her duties. I agree with claimant that the forced reduction in her salary was not only extenuating circumstances but also just cause which the Board did not consider.
Decision 24988
Full Text of Decision 24988
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Hours arbitrarily adjusted upwards by 2.5 hours with pay for 2 and Sunday school bus schedule removed with salary adjusted downwards. Left in 1-91. While a unilateral change may amount to just cause in limited cases, changes did not so profoundly affect his work that he was justified in leaving.
Decision 23842
Full Text of Decision 23842
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Working days reduced without notice from 4 to 2: decline in business. Claimant was told by the Ontario Ministry of Labour that this can be considered constructive dismissal. Her employer then offered her 1 full month and then she would be terminated. Attempt at reconciliation would have been futile.
Decision 23550
Full Text of Decision 23550
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employed 6 years as bartender in Winnipeg. Hours cut by 50% due to decline in business. Exhaustive job search in Winnipeg. Relocated to Vancouver. Later found work there. Terms of employment unilaterally changed by employer, claimant no longer able to meet his obligations, this is just cause.
Decision 23480
Full Text of Decision 23480
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Landscape worker employed at a rate of $7/h reduced to $6 after 1 week without warning: did not have experience he indicated in his résumé. A change in a claimant's working conditions may give him just cause for leaving his employment even though he did not attempt to find a new job before quitting.
Decision 22347
Full Text of Decision 22347
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Due to re-organization, position of assistant buyer redundant. Was offered a choice of two positions with a significant reduction in responsibilities and either a reduction or freeze in salary. Loss of prestige. I am unable to conclude that he falls within any of the 5 circumstances of ss. 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
transfer |
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Decision 21703
Full Text of Decision 21703
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Held that claimant working in the Cash office did not have just cause for refusing to accept a merge of the switchboard position with the Cash office position leading to her termination. A good reason or motive is not enough as per TANGUAY.
Decision 21370
Full Text of Decision 21370
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Here, we have an individual who was working in supervisory capacity, who was demoted to a telephone solicitor and whose remuneration was obviously reduced. In my view, these considerable changes in her working conditions certainly constituted just causefor leaving employment.
Decision 20089
Full Text of Decision 20089
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Even if her casual on call employment constituted employment within s.28, the change in working hours constituted new terms which she was not bound to accept. The offer to work on evenings and weekends constituted a significant change in employment conditions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
burden of proof |
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Decision 19522
Full Text of Decision 19522
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Promoted on probationary basis. Was returned afterwards with employees she was supervising. Kept the higher wage. Did not accept embarrassment and shame. Subsequently realized foolishness of her decision to quit. To accept a probationary promotion is toaccept such risk.
Decision 19215
Full Text of Decision 19215
summary
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant had a year of conflict with employer over radio programs broadcasted to the plant. A compromise solution lasted for 18 months. One day the employer abruptly put an end to it with claimant humiliated in front of others. This is a constructive dismissal or else just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
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Decision 18009
Full Text of Decision 18009
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Generally there is no requirement that the employee make any efforts towards reconciliation in a case where the employer has acted unilaterally in any manner which fundamentally alters the terms of employment as they existed prior to separation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
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Decision 17495
Full Text of Decision 17495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant says she left because there had been a significant change in the work agreed upon at hiring. She sought remedial action several times. If a Board accepts this, then it does not matter she did not seek other work before leaving and should not have been disqualified.
Decision 17147
Full Text of Decision 17147
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Left upon being given a 90-day probationary period due to his management style being more aggressive than appropriate. The Board imposed a 3-week disqualification as a prudent person would have taken this opportunity to seek other work. Clearly an appropriate application of law.
Decision 17035
Full Text of Decision 17035
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
It is well established that a fundamental change in working conditions is just cause. The change in policy meant that claimant, a nurse, was not able to work as many shifts and consequently was unable to earn enough money to support herself and her daughter, and she had to move.
Decision 16342
Full Text of Decision 16342
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Shop foreman from 19-1 to 4-3-87 required to go back in plant as regular worker at $3 less an hour when sales began falling. Jurisprudence has consistently held that a fundamental change in conditions is just cause. Demotion and reduction of salary are just cause.
Decision 16099
Full Text of Decision 16099
summary
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Tax preparer who was requested to perform general office services. Employer changed in a significant way the content and nature of job which was to result in significant changes to remuneration. 1-week disqualification removed.
Decision 15365
Full Text of Decision 15365
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Logger paid on piece work. The Board found there was a major reduction in wages. Disqualification reduced to 2 weeks. This may not be regarded as an error of law. Evidence and credibility assessed by Board. No basis for saying that reduction of wages byitself means just cause.
Decision 15298
Full Text of Decision 15298
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Camp cook who went to remote camp on the belief she would work 5 days a week and have a ride on weekends. She then found out she had to live in camp for 2 months. Left after a week. Employee not to be expected to work under terms markedly different fromthose agreed to.
Decision 14891
Full Text of Decision 14891
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| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
A person who quits voluntarily because of a simple reduction in the hours of work and without having obtained employment elsewhere does so without justification.
Decision 14555
Full Text of Decision 14555
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Position abolished and chose to be on call rather than replace a younger worker. Not a voluntary termination, and if this was the case, it would be justified: judicious choice. Inexperienced for the other position and possibility of full-time work even on call.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
burden of proof |
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Decision 14529
Full Text of Decision 14529
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Changes decreed unilaterally by the employer according to the management rights conferred by the collective agreement. No error in law by the board. Case in point.
Decision 14313
Full Text of Decision 14313
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employment was as reserve guard ready to step in if something happened. He was now being asked to be active, vigilant guard, who would have to make rounds. Different from what had been agreed. Disqualification reduced to 2 weeks.
Decision 12195A
Full Text of Decision 12195A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Many Umpire decisions have held that a material change in working conditions, imposed unilaterally by the employer, is a just cause for leaving. Severe reduction due to employer's desire not to have her back following childbirth.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
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| basic concepts |
disqualification |
length |
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Decision 13108
Full Text of Decision 13108
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
From 40 to 27 hours; consistent case law holding that claimant who leaves voluntarily because of reduction in hours of work does so without just cause.
Decision 12942
Full Text of Decision 12942
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employee with 13 years' service, the last 3 in tool design work, who refused to be transferred to paint shop. Was offered training. No change in salary and hours. Apparently suspended. Disqualification reduced to 2 weeks.
Decision 12907
Full Text of Decision 12907
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Hired to work days, worker asked shortly afterward to work nights. Incapable of sleeping during the day.
Decision 12804
Full Text of Decision 12804
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
By accepting claimant's proposals the employer agreed that beginning in January his duties would be substantially changed and improved. When the employer later refused to implement changes, he unilaterally altered the terms. A significant change in terms is just cause.
Decision 12697
Full Text of Decision 12697
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Attending classes while employed part-time. Left when employment became full-time. Claimant to be given a reasonable period of time in which to secure alternative part-time employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
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Decision 12468
Full Text of Decision 12468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
While the effect of the transfer may well have ultimately been his demotion, it was the claimant who requested that transfer.
Decision 12097
Full Text of Decision 12097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Part-time hours changed to full-time; good employers under ss.27(2) recognize that they cannot legitimately alter terms of employment unilaterally; fundamental conditions of part-time (which had allowed claimant to take a course) changed which aborted his arrangements.
Decision 11818
Full Text of Decision 11818
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Claimant hired with original hours of 9:45 p.m. to 7:45 a.m. and attended night classes 3 nights a week. Change in working hours. As he was working toward his BA degree, he left his job. Reasons for leaving were personal. A 4-week disqualification held as proper.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Decision 11371
Full Text of Decision 11371
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
While she may not have enjoyed her new job as much as her former position, she neither requested that she be transferred back to the old position nor sought other employment before resigning.
Decision 11320
Full Text of Decision 11320
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
There is no doubt that there is no justification in leaving even part-time work without having at least made some effort to secure other employment. Some justification in leaving due to change from full to part-time. Disqualification reduced from 6 to 2weeks.
Decision A0471.15
Full Text of Decision A0471.15
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
danger to health * |
|
Summary:
The FCA decided that the SST applied the proper test to determine if the claimant left his employment without just cause within the meaning of section 29 and 30 of the EIA. The claimant stated that he quit his job because he was claustrophobie and was required to work in confined spaces. Also, because he was looked down upon by his colleagues who would talk over him and not acknowledge him. As for the evidence from his doctor, the GD gave it no weight because it was sought only after his reconsideration request to the Commission was refused. When reviewing décisions of the Appeal Division, this Court must show deference and apply the standard of reasonableness to questions of mixed fact and law. After reviewing the evidence, the Appeal Division found that the claimant's working conditions were not so intolerable as to leave him reasonable option to resign. The Appeal Division also came to the conclusion that the medical note should be given little weight considering that it was sought after the fact and did not particularize the employment and the medical conditions it was referring to. The application for judicial review was rejected.
Decision 70104
Full Text of Decision 70104
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Upon receipt of a second speeding ticket which was considered a serious safety violation by the employer, a bus operator faced several options - he chose resignation. The claimant invokes subsection 29(c)(iv) contending that working conditions constituted a danger because of the risk to himself and the public for the reason that he lacked the ability to drive properly. That subsection refers to dangerous working conditions imposed upon a claimant by an employer. It does not refer to dangerous conditions created by the claimant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
mutual decision |
|
| voluntarily leaving employment |
just cause |
undue pressure to quit |
|
Decision A0594.06
Full Text of Decision A0594.06
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The claimant quit his job without discussing with the employer the work conditions alleged to be dangerous and without exploring with his employer the possibility that the nature or conditions of the work could be modified to respond to his concerns. There is nothing on the file to support a conclusion that the voluntary leaving was the only reasonable solution in this case. The Court said the Umpire erred in not correcting the Board's error in law, its failure to consider whether quitting was the only reasonable alternative, an essential condition of subparagraph 29(c)(iv) of the Act. The Court took into account past decisions: Horlsen (A-517-94), Astonomo (A-141-97) and Johnson (A-296-03).
Decision 30695A
Full Text of Decision 30695A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Claimant voluntarily left his employment alleging receipt of death threats from the public were a danger to his health. No evidence of threats produced, no police reports filed. Par. 28(4)(d) cannot entitle claimant as alleged threats not a constitutive part of claimant working conditions.
Decision A-0584.95
Full Text of Decision A-0584.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Quit as a cook alleging that he was forced to do dangerous knife work while socializing with customers. It created a physical danger to his health and safety and was a change in the original job description. Umpire ruled that while there was some danger in using the knives, it was not a danger to health and safety within the meaning of s. 28(4)d) nor was it a significant change in work duties within the meaning of clause i). This was part of the job, he accepted and it was not an unreasonnable job requirement constituting just cause for voluntarily leaving. FCA maintained Umpire's decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Decision 35404
Full Text of Decision 35404
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Claimant worked for employer almost 5 years under same working conditions. Surely he had sufficient time to find other employment before quitting a job paying $17.50/h. Also, after being told by employer that his concerns were going to be rectified, he should have returned to work to verify so.
Decision 29664
Full Text of Decision 29664
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Claimant unable to cope with stress quit her job invoking par. 28(4)(d) of the Act. Held that it was erroneous to interpret paragraph subjectively. The conditions referred to must be conditions which would be injurious or unsafe for anyone exposed to them.
Decision 27363
Full Text of Decision 27363
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
An employee who recognizes unsafe working conditions must take steps to try to remedy them. Safety is not a trivial issue and if there is a genuine safety concern. Discussion with another (than foreman) management representative or perhaps with Government of Alberta inspectors would be called for.
Decision 26604
Full Text of Decision 26604
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
I have no reason to doubt that working with asbestos could constitute a health risk. The employer took all necessary health and safety precautions. No evidence that claimant addressed his concerns to the employer or to the Ministry of Labour. He knew of the associated risks when taking on the job.
Decision 26602
Full Text of Decision 26602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Although unsafe working conditions could amount to just cause for leaving, the jurisprudence is clear that the claimant must first seek some sort of remedial action. In the case at bar, the claimant did not alert the Ministry of Labour or address his concerns to his employer.
Decision 23101
Full Text of Decision 23101
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Refer to: A-0640.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision A-0640.93
Full Text of Decision A-0640.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
In determining whether medical reasons constituted just cause for leaving, the Umpire applied a subjective test rather than an objective one and reached a conclusion favourable to the claimant in the absence of any objective evidence. This is an error that warrants the intervention of this Court.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 25574
Full Text of Decision 25574
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The safety concerns (climbing 160 feet towers) described by claimant do not amount to just cause unless it can be shown that, having regard to the circumstances, he took the steps required to attempt to resolve the problem prior to quitting. No attempt of any sort was made to alleviate his concerns.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
language to be used |
|
Decision 23802
Full Text of Decision 23802
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Onus on claimant to prove the existence of the danger and attempt to remedy the situation. This is often achieved by providing the employer with a medical certificate supporting the employee's allegations and attempting to reach an agreement with the employer to accommodate the health concerns.
Decision 20628
Full Text of Decision 20628
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The Board should have applied the prescribed test of whether what claimant did in the circumstances with which he was confronted was what a reasonably prudent person in similar circumstances would have done, that is, quit the employment which he felt was endangering his health.
Decision 19777
Full Text of Decision 19777
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
In the absence of some reasonable objective standard, one's belief that conditions are unsafe, however genuine that belief may be, does not establish that as a fact unless that belief be accepted by others. It is not shown here that his genuine belief was a reasonable one.
Although it may have been open to the safety representatives of the union at the site where the complaint was lodged, as well as the claimant himself, to go to the Ministry of Labour, it is the claimant who must prove that he had just cause for leaving his employment.
Decision 18420
Full Text of Decision 18420
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The claimant has offered only his word that the vehicles were unsafe, and this is disputed by the employer. When a claimant alleges unsafe conditions at the employment, there must be ample evidence to support the contention (CUB 6746).
Decision 17548
Full Text of Decision 17548
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The test to apply is first determine if conditions were in fact so unsatisfactory as to give rise to a genuine grievance. Then did claimant in fact take some steps to rectify the conditions. If so were they sufficiently reasonable so as to provide just cause for leaving.
Foreman who brought unsafe conditions to company's attention. Government inspector said he could have exercised his option under the Ontario Act or contacted union. The Board held he should have proceeded under the Occupational Health and Safety Act. This is too strict a test.
Decision 15062
Full Text of Decision 15062
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
The preponderance of evidence indicates that the insured person was justified in leaving because of the lack of safety offered by the truck he was driving and the fact that no repairs had been made despite many requests.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
|
Decision 14199
Full Text of Decision 14199
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Left after 1 week. Was in charge of cooking. Accident occurred and was burnt by grease. Not too severe. Previously witnessed at other premises extremely severe burning and was traumatized by incident. Disqualification reduced from 3 to 1 week.
Decision 14002
Full Text of Decision 14002
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Evidence of unsafe working conditions (asbestos) impressive. Just cause shown if he had given his employer, union and government time to correct problems and they had failed. Others did not quit. However, I find this fear to be an extremely valid reason. 1-week disqualification.
Decision 13415
Full Text of Decision 13415
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Where a claimant alleges that unsafe working conditions give rise to just cause, the burden is upon him to prove not only that unsafe working conditions exist but that these conditions are the ones which gave rise to his voluntary departure.
The question is not to determine whether general working conditions at any given plant are unsafe but only to determine if there exist specific conditions relating to a claimant's job which would justify him leaving out of concern for his health or safety.
Decision 12623
Full Text of Decision 12623
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Filed complaint with CSST. Truly believed that after fire that broke out he was compelled to give ultimatum. His sincerity such that disqualification reduced to one week.
Decision 12506
Full Text of Decision 12506
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Even if claimant proved that working conditions were unpleasant or dangerous, it was expected of him that he try to have the situation corrected and failing that, seek other work.
Decision 11939
Full Text of Decision 11939
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
It is argued that just cause exists if, due to mental state, claimant honestly believed there was a problem of safety. I do not accept that it may be interpreted subjectively to accept this. Reasonableness to be measured by objective standard. Extenuating circumstances present.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
employment |
last |
Decision 11319
Full Text of Decision 11319
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
For a receptionist who is in close proximity to an intruder who comes in and fires a shotgun at the doctor for whom she is working, these are more than just extenuating circumstances. Emotionally upset and extremely disturbed. Disqualification reduced from 3 to 1 week.
Decision 11049
Full Text of Decision 11049
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
No complaint received by mine safety inspector. While I have no reason to doubt that claimant may have had concerns about his safety, no evidence that conditions were in fact unsafe and the Board did not err and correctly reduced the disqualification to4 weeks.
Decision 10656
Full Text of Decision 10656
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Summary:
Construction worker who says he quit because of his concerns about safety. There is nothing to indicate that he made any complaints directly to his employer nor did he make any complaint to public authorities such as the Deptartment of Labour.
Decision 22832
Full Text of Decision 22832
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dress and appearance |
|
Summary:
Cook and waitress in a restaurant. A public health inspector ordered her to wear a hairnet when carrying out these duties. She complied with the order to wear a hairnet in the kitchen but categorically refused to wear it to serve customers, which is also required by the employer.
Decision 16704
Full Text of Decision 16704
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dress and appearance |
|
Summary:
Salesclerk dressed in a way that contributed to harassment by customers and left instead of accepting appropriate changes in dressing. The 2-week disqualification was upheld. No other work in sight.
Decision 14106
Full Text of Decision 14106
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dress and appearance |
|
Summary:
The Board says 'fired' and states a prudent person would not jeopardize his employment by anything so trifling as to wear a necktie and concludes to misconduct. Was told to either put on a tie or leave which he did. Appeal dismissed. Disqualification reduced to 3 weeks.
Decision 12612
Full Text of Decision 12612
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dress and appearance |
|
Summary:
Employed with Eaton. Left rather than wear a jacket. The Board did not err in finding that the maximum disqualification of 6 weeks was warranted.
Decision 67602
Full Text of Decision 67602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
ethical considerations * |
|
Summary:
There was no evidence to indicate that the claimant, a kosher food preparation inspector, was expected to certify a product as kosher that was not. Further, there is no evidence of the claimant having a medical problem that would cause him to leave his employment. In regard to raising the question of religious freedoms under the Charter, there is no validity to the submission that the claimant cannot practice his religion.
Decision 43161
Full Text of Decision 43161
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
fringe benefits |
|
Summary:
Voluntarily leaving employment with just cause. Employer failed to honour terms in the contract of employment in not providing the medical and dental coverage promised and not reviewing the wages and working conditions two months after appellants started work as had been agreed.
Decision 16053
Full Text of Decision 16053
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
fringe benefits |
|
Summary:
Claimant left after one year when he found that OHIP did not cover dental work which he had to have done. He was disqualified for 6 weeks. Certainly the reason given is not just cause. Whether OHIP does or does not cover has nothing to do with his employers.
Decision 64893
Full Text of Decision 64893
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
Umpire stated that when a claimant has left his job due to health problems, the rule consistently applied is that he must not only provide evidence of his medical condition but must also show he was advised by his doctor to leave the employment.
Decision A-0510.96
Full Text of Decision A-0510.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
FCA found that the Umpire and Board of Referees erred in deciding that the claimant should have produced a doctor’s certificate to support her claim that she had no alternative but to leave her employment. It is obvious that she was not claiming to have an illness when she said that working in a standing position hurt her feet. She simply found employment in a restaurant too difficult from a physical point of view. Since no one doubted her credibility, a certificate would have added nothing to her testimony.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| proof |
errors in law |
burden of proof |
|
| board of referees |
errors in law |
burden of proof |
|
Decision 17907
Full Text of Decision 17907
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
Just cause exists when it is clear that the physical demands of the job are beyond the employee or are such as to be damaging to the employee. Claimant should be commended, not penalized, for trying a job even though he might have had reservations abouthis ability to do it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
|
|
| voluntarily leaving employment |
health reasons |
|
|
Decision 17414
Full Text of Decision 17414
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
Massage therapist in a physical fitness centre who found the work too difficult. This in itself would not justify quitting before making serious efforts to find another job. No so affected as to become sick. She did the job for 3 weeks.
Decision 14179
Full Text of Decision 14179
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
Claimant has failed to prove that the strain which the job placed on his physical well-being was so intolerably deleterious as to quit. Even then, he should first have discussed the problem with supervisor or physician. Disqualification reduced to 3 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| voluntarily leaving employment |
working conditions |
hours |
|
Decision 12056
Full Text of Decision 12056
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hard work |
|
Summary:
Exceptionally arduous duties; stayed 3 weeks, much longer than average.
Decision 73307
Full Text of Decision 73307
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Commission alleged that the claimant left his employment without just cause. The claimant had reached an agreement with the employer for a part-time job. The claimant was a student, and the agreement allowed him to continue his studies. However, the employer was unable to comply with the agreement. The claimant was therefore asked to return to his position with a regular schedule. The claimant had to either continue working in a permanent position days and abandon his studies or leave his employment to take the course he had already chosen and intended to continue. The claimant chose to return to school. The claimant was not entitled to benefits after deciding to leave his employment to continue his studies. The commission¿s appeal is allowed.
Decision 71630
Full Text of Decision 71630
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
The claimant quit her job in order to relocate to another province to better herself because she was not getting enough hours in her province of residence. When the claimant got to the other province she was homesick and unhappy and decided to move back to her province of residence. The claimant had only left for the other province from October 11 to October 24, 2007. The Board of Referees found that the claimant had just cause for leaving her employment because she was assured by her aunt and uncle that she would have no trouble getting a job in the other province. It is clear that the claimant did not have assurance of employment from an employer when she arrived in the other province. The appeal of the Commission is allowed and the decision of the Board set aside.
Decision 70768
Full Text of Decision 70768
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Following an extended period of sick leave, the employer met with the claimant to explain to her that there had been restructuring among the clerical staff and that, from that point on, her work schedule would include two evenings per week. Her pay and the number of hours of work remained the same. The claimant considered this change to be a demotion after 20 years of service and decided not to return to work. Her doctor did not advise her to leave her job, it was her own personal decision. According to the Board of Referees, the claimant failed to show that she had just cause for voluntarily leaving her employment. She should have kept her job while seeking other employment prior to leaving, since she only worked 29 hours per week.
Decision 54992
Full Text of Decision 54992
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Claimant argued that a reduction of his working hours from 60 hours and more to 40 hours per week was a significant change in working conditions and that this constituted constructive dismissal. Held by Umpire that the claimant had the alternative of keeping his employment. A prudent person would not have left a job providing a normal number of hours at a salary that was not negligible for no employment at all.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision A-0259.01
Full Text of Decision A-0259.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
In 2000, claimant's working hours were reduced from an average of 32 hours a week to 15.5 hours a week. According to employer, claimant had been hired on a part-time basis with hours that could vary from 12 to 30 hours a week. Claimant appealed to the BOR, arguing that he had been constructively dismissed. Claimant failed to appear in person before the BOR and both his appeals at the BOR and at the Umpire were dismissed. The FCA held that the claimant, had he appeared at the BOR to refute evidence, he might have been able to demonstrate that he had just cause for leaving his employment. Request for judicial review dismissed.
Decision A-0811.99
Full Text of Decision A-0811.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
The decision of the BOR, upheld by the Umpire, found that that claimant had voluntarily left his employment, but at the same time, recognized that this departure was the result of a misunderstanding. The FCA decided that neither the BOR nor the Umpire asked whether the claimant had actually left his employment and, if so, whether the termination of employment was voluntary. Case returned to the BOR for re-determination.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
|
Decision 50992
Full Text of Decision 50992
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
See summary indexed under FCA A-0259.01
Decision 46426
Full Text of Decision 46426
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
See summary indexed under FCA A-0811.99
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
|
Decision 38479
Full Text of Decision 38479
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Claimant quit her job because when she returned to work after her maternity leave, the employer offered her reduced hours of work which she found unacceptable. Umpire concluded that a significant reduction in work hours with a consequent loss of income gave the claimant just cause to leave the employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 33231
Full Text of Decision 33231
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Claimant had an arrangement which stated her shift would end at 4PM. However, she agreed to work until 6:30PM for over a year until her personal situation changed. She wanted her work hours to change back to 4PM and when this could not be accomodated she quit. Just cause not proven.
Decision 27409
Full Text of Decision 27409
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
I do not agree that being expected to arrive 15 minutes before her shift started was part of her employment for which she was entitled to payment. An employer is entitled to expect that an employee will be ready, willing and able to commence his or her shift without delay when it is to commence.
Decision 27364
Full Text of Decision 27364
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Left in 2-92. It is not an accepted practice to leave a position because one disagrees with the reduction of hours, even if the reduction is in excess of 12% of the hours of work. The reduction was the result of economic conditions. It was an arbitrary decision on the part of the claimant to leave.
Decision 20434
Full Text of Decision 20434
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
The claimant did not act as a reasonable person by leaving employment, even if it was only part-time in nature, without first seeking alternate employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Decision 20077
Full Text of Decision 20077
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
The decided cases are clear: one cannot quit without having another job to go to and then expect to claim UI unless the position left was so intolerable that no reasonable person would think it possible to work there. Did not show that shift work had become that intolerable.
Decision 18679
Full Text of Decision 18679
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
It seems odd that a claimant would be disqualified for 3 weeks by virtue of quitting part-time work while on UI, earning between $28 and $40 weekly. TANGUAY examined. Indeed she was not really causing others to bear the burden of that unemployment.
Terminating part-time employment for reason that travel-distance and monetary considerations essentially negate any benefit from the employment is surely just cause.
Decision 16340
Full Text of Decision 16340
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Accepts work after 10 months' unemployment and quits after 1 day. No effort to seek other work before leaving. Dissatisfaction with scheduled hours (alternate Saturdays and evenings) not just cause. Due to apparent misunderstanding at hiring, disqualification reduced to 3 weeks.
Decision 14179
Full Text of Decision 14179
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
An inconvenient social life resulting from shift work, especially when the employee knew from the start that the job entailed shift work, does not amount to just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| voluntarily leaving employment |
working conditions |
hard work |
|
Decision 13936
Full Text of Decision 13936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Cashier employed one year day-time. Then refuses some evening shifts and some Sundays. Husband works all night shifts and she has 3 children to care for. Jurisprudence is clear that domestic difficulties are not just cause. Disqualification reduced to 4weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
| basic concepts |
disqualification |
length |
|
Decision 12080
Full Text of Decision 12080
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Recalled for part-time work with former employer but not given enough hours; the fact that he earned less than when employment on a full-time basis was available does not constitute just cause without having another job to go to.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
Decision 12021
Full Text of Decision 12021
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
Promise of full-time schedule not kept; left part-time employment without having found something else; 4 week disqualification reduced to 2.
Decision 11606
Full Text of Decision 11606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Summary:
While on strike, claimant accepts part-time as security guard and quit 2 weeks later. While his preference was to work 8-hour shifts, his employer was offering him only 12-hour shifts. This amounted to a mere inconvenience. It did not make the employment unsuitable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 73771
Full Text of Decision 73771
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
improper operating methods |
|
Summary:
The claimant left her employment voluntarily. She admitted to her employer that she had made a unpardonable error for the company. She gave back a client her check of $59,000 for the car she had purchased on Friday. Claimant said employer yelled and said; I'm going for lunch and I don't know what I am going to do about that". Also said that when money was missing in the cash, the employer would remove money off her pay check even is she was not the only one on the cash. Claimant never returned the employers calls and he never heard from her again. Appeal was dismissed
Decision 22628
Full Text of Decision 22628
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
improper operating methods |
|
Summary:
While leaving employment because of dissension with an employer's methods of operation may, in certain cases, be regarded as a good personal reason, it does not meet the criteria of just cause as that term is used in the legislation.
Crew leader on construction sites. Employer in violation of a hiring agreement with the union local and also his method of overtime payment was not in accordance with the B.C. Employment Standards Act. This was corrected later. These amount to extenuating circumstances not to just cause.
Decision 25682
Full Text of Decision 25682
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
legal responsibilities |
|
Summary:
Skidder operator. Inadvertently damaged the truck of a fellow employee. The employer did not pay for the damages; he had on other occasions. It was open to the Board to conclude as it did (just cause shown because the employer was holding claimant liable for the operation of the skidder).
Decision 21710
Full Text of Decision 21710
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
legal responsibilities |
|
Summary:
Claimant was legally responsible for the control of the liquor inventory and the cash but was put in a position where she lacked the ability to control access to both, the members of the organization having voted in favour of someone being able to retain the keys.
Decision 21917
Full Text of Decision 21917
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
overtime |
|
Summary:
Claimant could have taken his problems to the Employment Standards Bureau of the provincial Department of Labour. In fact he did this with respect to non-payment of overtime, but only after quitting his job. If he felt so strongly about this he could have done it before quitting.
Decision 77009
Full Text of Decision 77009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
pay raise denied |
|
Summary:
The claimant filed an initial claim for Employment Insurance with his ROE that indicated dismissed. He stated that he stopped reporting for work because he was not happy with his pay. When he was hired, he earned $13.00 an hour and now wants $14.00 and $15.00 an hour. His employer told him that raises were impossible on the work-sharing program and that he was not worth more than $13.00 an hour. The claimant was insulted and decided not to report for work anymore. The employer contacted him at home and told him that in June as he did every year, would review everyone’s’ pay. The claimant didn’t want to wait and didn’t return to work. The BOR’s decision is rescinded as the claimant had no just cause for quitting. The appeal by the commission is allowed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision A-0126.03
Full Text of Decision A-0126.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
The claimant was disqualified for taking an unpaid leave having lost his driver's license which was required in his job. The Court determined that the fact that the claimant had asked for modified duties was irrelevant. The cause of the leave was the loss of the driver's license because of drinking and driving and the Court found that the claimant did not have just cause for taking the leave.
Decision 56270
Full Text of Decision 56270
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Refer to summary indexed under FCA A-0126.03
Decision 52596
Full Text of Decision 52596
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Claimant was under a court order to make family maintenance payments and payments fell into arrears. As a consequence, claimant's license to drive a motor vehicle was suspended. Being a truck driver and no other job being available at his workplace, claimant quit his job. Umpire found that although claimants says he had to quit, the problem he created wilfully amounts to misconduct and his job had to be terminated. Both circumstances are dealt with together in the statute and the BOR made no reviewable error.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
correction to consider |
|
Decision 25599
Full Text of Decision 25599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
It may very well be that claimant was qualified to do other work and that she was over-qualified for what she was doing. She nonetheless could have sought employment while still employed and then made a transition without being a burden to the public purse. UI is for those who cannot find work.
Decision 25018
Full Text of Decision 25018
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Even if leaving was a sensible personal decision for claimant (seek work in line with her qualifications), this is not the type of situation where a claimant is entitled to require third parties (UI contributors and taxpayers) to pay benefits. A claimant must bear the financial risk of doing so.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 21671
Full Text of Decision 21671
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Highly trained medical scientist. Worked for 6 years towards a doctorate degree. He was unable to obtain it in Montreal. Took a job as bartender to save money. Then moved back to B.C. to continue studies. Held that he cannot place the burden of his education on UI.
Decision 21637
Full Text of Decision 21637
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Returned to his employment after completing course but was not being given the work he was trained for. It is understandable that he wanted to do more complicated work for which he was trained, but that is not a justification for substituting an UI cheque for a pay cheque.
Decision 20435
Full Text of Decision 20435
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Although possibly overqualified for the work, no evidence that conditions were so intolerable as to justify leaving without first obtaining other work. A prudent person would have continued in less than perfect employment rather than face long-term unemployment.
Decision 16192
Full Text of Decision 16192
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Left after 5 days. Alleges she did not have sufficient training causing her to be uncomfortable or under stress in dealing with customers. This may be a reason but only if another job immediately available. Did not discuss with supervisor. 3-week disqualification not excessive.
Decision 12058
Full Text of Decision 12058
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Just cause for leaving if lack of qualifications presents danger; case turns on facts.
Decision 11651
Full Text of Decision 11651
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
personal qualifications |
|
Summary:
Employed with quadriplegics. Left after 5 months. The fact that the employment which claimant did accept was not that for which he was trained does not give rise to just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| basic concepts |
disqualification and work |
|
|
Decision 72284
Full Text of Decision 72284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
The claimant was asked if her pay at a daycare centre could be changed from being paid on Wednesday to being paid on Thursday. The employer indicated she left without notice or explanation. The employer agreed that the pay period was changed to a bi-weekly pay period instead of weekly and the employees were notified well in advance. The employer confirmed that the claimant was only partially paid on Wednesday. She received the funding from the Family Community Services and the money was only going to be available on Thursday. She paid the claimant what she could and gave her the rest on Friday. The appeal of the Commission is allowed.
Decision 52654
Full Text of Decision 52654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant's employment, which paid $9.36 per hour plus a shift premium of $0.85 for night shifts, was cancelled. He was offered a new position at $8.84 (this constituted a reduction of 6%) and he refused it. Disqualified for having left his job without just cause. The BOR concluded that a reduction of 6% was a significant change in the working conditions. The Umpire, relying on CUBs 35206 and 39547, found that the BOR had erred in law in its finding.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 51838
Full Text of Decision 51838
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant was working 20 hours per week and earning $6/hr. Being unable to provide for his family, claimant quit his job in Newfoundland to look for work in B.C. to seek a better job with higher wages. Held that his decision may have been reasonable but was not justified under the Act. The fact is that while he was working, even only making $6/hr for 20 hours per week, he was making $120 whereas now he is making nothing.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
Decision 49475
Full Text of Decision 49475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant quit her job in Newfoundland because she was only making the minimum wage and she had been offered a free ride to Alberta to improve herself. BOR allowed the appeal on the basis that leaving a minimum wage job to seek a better paying position was just cause for quitting. Error in law by the BOR stated the Umpire. While it is understandable, it does not give the claimant the right to employment insurance benefits. In order to leave one's job for just cause one must show that there is no reasonable alternative to quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 39547
Full Text of Decision 39547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant left his employment after a reduction in salary of just over 30%. Umpire ruled that if the claimant had remained in his old job with reduced income, he would at least have had a job and would have been able to take the necessary time to find other insurable employment. He preferred to receive UI benefits, which gave him less income, even with a reduced salary. Umpire found that this solution was not reasonable, and even more obviously was not the reasonable solution as defined by the legislation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision A-0868.96
Full Text of Decision A-0868.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Umpire decided that the departure was not justified since the decrease in pay was not unilateral, but instead had been negotiated by the employer and the union. FCA confirmed that the consent of the bargaining agent was an important factor in considering justification within the meaning of par. 28(4)(g), but it was not the deciding factor. Therefore, the Umpire’s intervention was not justified since the BOR had taken into account all the circumstances and found that the claimant was justified in leaving because of the decrease in pay.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 35323
Full Text of Decision 35323
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant's salary reduced by $4.01/hr. Held that in these economic times, changes in duties, a lesser or frozen salary do not constitute situations where a reasonable person would consider he had not reasonable alternative but to quit his employment.
Decision A-0050.94
Full Text of Decision A-0050.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
The Umpire erred in law. The alleged income insufficiency does not constitute just cause. The fact that the claimant considers the job to be insufficiently remunerative cannot as such justify his quitting the job and compel others to support him through unemployment insurance benefits.
Decision 23866
Full Text of Decision 23866
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Refer to: A-0050.94
Decision 23258
Full Text of Decision 23258
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Leaving employment because one's debt obligations exceed one's income is not the type of circumstance which justifies a person compelling others to bear the burden of that person's unemployment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
|
Decision 23225
Full Text of Decision 23225
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
One cannot be denied benefits for leaving if the employment yielded such limited income as to make his continued economic existence impossible. He could not, from the remuneration which he was receiving, find or pay for adequate shelter and food in Alberta without the assistance of his parents.
Decision 16135
Full Text of Decision 16135
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Newly hired worker paid less than union rate. Agreement clear on how a dispute was to be settled. The Board correctly applied the law in determining that quitting over wage dissatisfaction did not constitute just cause for voluntarily leaving employmentin this case.
Decision 15930
Full Text of Decision 15930
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Because there were fewer people to do the work than she had been promised when hired, she felt justified in demanding a raise. In her mind she may well have had a reasonable cause to quit but this is not just cause. A 3-week disqualification is proper.
Decision 15563
Full Text of Decision 15563
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
The fact that the employer settled the claimant's legal suit does not retroactively make a pay dispute just cause for terminating employment.
Decision 14840
Full Text of Decision 14840
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
While in general one is not entitled to refuse or quit work because wages are too low, that must be put in the context of an Act which gives one some time to find comparable employment. Part-time work here accepted after 4 weeks' unemployment. Disqualification reduced to 1 week.
Decision 14659
Full Text of Decision 14659
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
While training a new employee, claimant discovered the new employee was being paid same salary as she was. Complained to employer and was denied an increase. The Board upheld the 6-week disqualification. No error.
Decision 12829
Full Text of Decision 12829
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
She made reasonable attempts to secure alternative employment. She was not making enough money to survive so she left and went back with her parents. Not to starve before leaving a job with poor wages and next to no hours of work.
Decision 12805
Full Text of Decision 12805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Left after 2 days. Flagrant injustice to require one to work for an undisclosed wage. Claimant did not belong to a union. By approaching his employer, he took the only reasonable alternative available. Unable to obtain any answer 2 days in a row.
Decision 12402
Full Text of Decision 12402
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Referred to job as valet manager at $5.25 an hour. First pay: $4.50 an hour. It would seem the employer used the offer as manager as a means of getting individuals to their office and then telling them they could work as a driver.
Decision 12252
Full Text of Decision 12252
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
That a claimant should be disqualified because he will not be so used [reduction of wages from that originally offered: $4 instead of $6 an hour] by an employer who engages him, but breaks his word, would be offensively against the public interest.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
clear and simple language |
|
|
| basic concepts |
disqualification |
length |
|
Decision 12183
Full Text of Decision 12183
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
The Board determined, and it is correct in law, that dissatisfaction with current wages is not just cause.
Decision 11938
Full Text of Decision 11938
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
It is also well established that unless a job is completely intolerable an employee should continue in it for at least a reasonable time while he seeks alternative employment rather than quitting and seeking UI instead.
Decision 11842
Full Text of Decision 11842
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Here we have one who had been earning $550 a week. The very next day after his layoff, he accepts work in a local tavern at $3.85 an hour. Work not commensurate with training and experience. Obvious desire to work. Left after 5 hours. Disqualification reduced to 2 days.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
minimum |
|
Decision 11657
Full Text of Decision 11657
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Left due to dissatisfaction with amount being paid and in the absence of any attempt to rectify this with employer, of any attempt to seek other work prior to leaving, and in view of the short trial [6 weeks], just cause not shown. 2-week disqualification was proper.
Decision 10829
Full Text of Decision 10829
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Courier paid by delivery; salary fell suddenly from $225 to $131 per week. Unjustified refusal by employer to allow invoices to be checked exceeds simple management right, distorted employer-employee relationship and destroyed climate of trust.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
| labour dispute |
regularly engaged |
definition |
|
Decision 28803
Full Text of Decision 28803
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
The jurisprudence has consistently held that where an employer does not pay an employee the agreed upon wage, the employee has just cause for leaving, providing of course that the underpayment is not an inadvertent error and that claimant has given the employer an opportunity to amend the situation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 27908
Full Text of Decision 27908
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
To suggest she had any other alternative is to render an injustice to someone who in good faith believes she is gainfully employed, remains but is not paid or is paid by cheques that cannot be cashed. While she was eventually paid, this was done some 5 months after the events. She had just cause.
Decision 25773
Full Text of Decision 25773
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
Employees need their wages and salary to be paid on time. Paying employees is fundamental in human experience. This is inherently just cause, whether or not expressed in s. 28. Parliament would have to enact that no pay or slow pay are emphatically not just cause for quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Decision 21854
Full Text of Decision 21854
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
There can surely be few causes for leaving that more deserve the label "just" than leaving because one's employer is cheating on one's pay packet. To expect one to complain first to the Labour Board is far too stringent a requirement. He did what a reasonable person would do.
Decision 64900
Full Text of Decision 64900
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
paid late |
Summary:
Claimant quit because her wages were not paid on time - her employer's computer systems had been infected by a virus. The employer corrected the situation within two working days and compensated for the delay by paying the then current week's pay in advance of the regular pay day. The Umpire found that the claimant had the reasonable alternative of being more patient with her employer in the circumstances and allowed the employer's appeal.
Decision 68119
Full Text of Decision 68119
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
smoking policy |
|
Summary:
The employer's policy required employees to remain on the work premises during their breaks and the employer provided employees with a designated smoking area. There is nothing unusual or unreasonable about a policy of that nature but the claimant wanted to sit in her car (off premises) during her breaks. Under these circumstances, a reasonable person would have secured alternative employment before quitting her job and putting herself in the position of being unemployed. The claimant may believe that she had a good reason for leaving but it does not constitute just cause as required by the legislation.
Decision 24701
Full Text of Decision 24701
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
smoking policy |
|
Summary:
Left after 2 days. Suffers from asthma. Not on any specific allergy medication. Militantly against smoking. All the other 7 members of staff smoked. Claim filed in 9-91. Even if new 28(4)(d) were considered, it would not be applicable from an objective point of view.
Decision 21638
Full Text of Decision 21638
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
smoking policy |
|
Summary:
The Board erred in law in assuming that she could have no legitimate health reason for quitting unless she provided evidence that she was more susceptible to harm from second-hand smoke than other people and that she had to prove that it was specifically harmful to her.
No designated area for smokers. Worked for 2 years in office where 7 out of 10 were heavy smokers. Had complained regularly. Her employer had taken no effective measures. Had applied for other work. Not obliged under 28(4)(d) to continue in this hazardous situation indefinitely.
Decision 11890
Full Text of Decision 11890
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
smoking policy |
|
Summary:
Sheet metal worker not allowed to smoke on the job. Left after one week. The Board felt that the policy was not an unreasonable request and imposed a one-week suspension. Finding not erroneous nor perverse.
Decision 20423
Full Text of Decision 20423
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
travel expenses |
|
Summary:
Welder. Accepted job away from home for 2 weeks. Relied on an expense advance as usual in the industry. Employer refused. Contacted his union. Not reasonable to expect that he negotiate credit terms with motel and restaurants. He had just cause for leaving.
Decision 77009
Full Text of Decision 77009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The claimant filed an initial claim for Employment Insurance with his ROE that indicated dismissed. He stated that he stopped reporting for work because he was not happy with his pay. When he was hired, he earned $13.00 an hour and now wants $14.00 and $15.00 an hour. His employer told him that raises were impossible on the work-sharing program and that he was not worth more than $13.00 an hour. The claimant was insulted and decided not to report for work anymore. The employer contacted him at home and told him that in June as he did every year, would review everyone’s’ pay. The claimant didn’t want to wait and didn’t return to work. The BOR’s decision is rescinded as the claimant had no just cause for quitting. The appeal by the commission is allowed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
pay raise denied |
|
Decision A-0518.99
Full Text of Decision A-0518.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant quit his job because he was dissatisfied with his employment. According to claimant, he had a deal with his employer to put "laid-off" rather than "terminated" on the ROE but bookkeeper was honest and put "terminated". Claimant argues that the employer should have misrepresented the cause for the cessation of his employment. The BOR, the Umpire nor the FCA would consider such an argument. The FCA simply confirmed that there was sufficient evidence on file to support the BOR's decision that there were no just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
contrary to law |
|
Decision 44784
Full Text of Decision 44784
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
See summary indexed under FCA A-0518.99
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
contrary to law |
|
Decision 43142
Full Text of Decision 43142
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Umpire found just cause for leaving as the working conditions were intolerable, grievances genuine and reasonable steps taken were met with employer resistance.
Decision 41607
Full Text of Decision 41607
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
BOR should have associated clmt's living conditions where there were cultural differences and a lack of social interaction and the entire environment tied to his employment in an isolated community. The reasonable alternatives available to him did not have much chance for success.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 40783
Full Text of Decision 40783
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant quit because the work she was doing did not reflect the job description she had been given when she was hired. Umpire found that an employee who leaves his employment without trying to remedy a situation that he finds unpleasant may be deemed not to have provided just cause for his separation. Umpire added that even if a claimant thinks that he is being under-utilized in the duties he performs, that fact does not make his separation the only reasonable solution.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 39106
Full Text of Decision 39106
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant quit his job alleging the employer promised to place him in a better position but instead another person was hired to fill that position. Umpire concluded that the claimant was no doubt disappointed in not having received a promotion to a better position but that did not give him just cause for quitting. A reasonable and prudent person in similar circumstances would not be expected to leave his job without firstly securing alternative employment.
Decision 38805
Full Text of Decision 38805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant found the environment stressful, difficult and unacceptable. While claimant felt he had good cause to leave his work environment on the ground of unpleasant working conditions, in law this does not constitute just cause.
Decision 38611
Full Text of Decision 38611
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant quit her job because she was revulsed at the dirty washrooms to which the employer blithely replied that other people had used the washrooms and had "survived". Umpire find that the claimant quit because of the deplorable working conditions. Having dirty washrooms is a deplorable matter and is just cause for leaving.
Decision A-0673.96
Full Text of Decision A-0673.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant requested clerical work in addition to his duties as armed security guard. Request refused; claimant left his employment without explanation. Subsequently cited work-related back problems as the reason for his action. According to the Umpire, proof not established that the back problem was work-related; claimant was really just dissatisfied with his work. Disqualification upheld and application for judicial review summarily dismissed by the FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
Decision 36037
Full Text of Decision 36037
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Claimant originally stated that he was no longer employed because employer would no longer give him a full 1-hr lunch break and he was not willing to give it up. A reasonable person would have complied with a ½-hr lunch break. Employer's request reasonable and working conditions not intolerable.
Decision 24198A
Full Text of Decision 24198A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Jurisprudence has clearly established that unsatisfactory working conditions, no matter what they are, do not generally constitute a valid motive for quitting one's employment unless they are so intolerable that the employee has no other choice but to separate from that employment.
Decision 25007
Full Text of Decision 25007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The UI Act was not conceived as a fall-back position where the State would dispense gratuitous payment to those who felt personally entitled to look for more suitable work. The necessity to find other work because of personal circumstances, likes and dislikes, is inconsistent with TANGUAY.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
Decision 22625
Full Text of Decision 22625
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Suitability of employment, hours of work, rate of pay and unpleasant working conditions do not constitute just cause. It was incumbent on claimant to make some effort to mitigate the unsuitable working conditions and, failing that, to undertake a search for alternate employment prior to leaving.
Decision 21681
Full Text of Decision 21681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
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 |
relations at work |
foul language |
|
| voluntarily leaving employment |
legislation |
questions to examine |
|
| voluntarily leaving employment |
just cause |
definition |
|
Decision 20926
Full Text of Decision 20926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Unsatisfactory employment is better than none and lack of job satisfaction is not just cause. Just cause usually exists if conditions of employment are so intolerable as to give rise to a genuine grievance coupled with the taking of all reasonable stepsto remedy the situation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
Decision 19530A
Full Text of Decision 19530A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Assuming he had some legitimate grievances against his employer under provincial law, that does not automatically mean "just cause". Was he put in an intolerable situation? Were there not other remedies which he or his union could have pursued while he continued to work?
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
new facts |
definition |
|
Decision 20368
Full Text of Decision 20368
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
She has provided a list of 12 employees who left during a one-year period. If a significant turn over occurred this is likely to be the result of very difficult if not intolerable working conditions. An unusually rapid turn over of staff is independent objective evidence.
Decision 19722
Full Text of Decision 19722
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The basic principle to be kept in mind here is that while the law does not require any one to work in a job he dislikes, a person cannot leave a job which is unpleasant but tolerable and automatically expect to collect UI.
Decision 19209
Full Text of Decision 19209
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Experienced maintenance electrician with regular hours. Tried working as construction electrician at irregular hours. No doubt he left without just cause. Dislike of a job is not just cause for leaving it unless there is some objective additional justification. Reduced to 1 week.
Decision 19005
Full Text of Decision 19005
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The circumstances which warrant a lesser disqualification include the understandable frustation on the part of claimant as his job turned out to be different from his expectations, which were apparently not clarified before hiring, and the limited time that the was employed.
Decision 18995
Full Text of Decision 18995
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
A prudent person does not leave before finding another job unless impossible, intolerable or dangerous. One is not obliged to stay in any job which one does not find fulfilling, but it does not follow that one is entitled to UI in lieu of carrying on with unsatisfying employment.
Decision 18432
Full Text of Decision 18432
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Discontentment with work itself is not just cause without another job available, or at least the good chance of a job in the near future. Generally a claimant is to try and discuss the reasons for dissatisfaction with the employer and try to find other employment before leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
Decision 12317C
Full Text of Decision 12317C
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Logger. No dry room and had to go to work with wet clothes. Meals not cooked until 9:00 p.m. Had to ride on a skidder. Uncontradicted evidence accepted. Conditions not tolerable enough to wait for the WCB to take action. Intolerably risky to good healthand reasonable safety.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
| board of referees |
natural justice |
notice of hearing |
|
Decision 17738
Full Text of Decision 17738
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The cases cited by claimant merely confirm the jurisprudence stating that unsatisfactory employment is better than lack of employment and that job dissatisfaction does not constitute just cause.
Decision 17602
Full Text of Decision 17602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
If the conditions are so intolerable or manifestly unsatisfactory as to give rise to a genuine grievance, coupled with the taking of all reasonable steps to alleviate the grievance before quitting, then just cause is established.
Decision 16631
Full Text of Decision 16631
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The employer refused, because he did not know he had too, to pay the relocation cost in accordance with the Order. The insured person won his case before the CCQ. In the view of the Board, he should have continued to work while lodging a complaint. The umpire said he disagreed and reversed the decision.
Decision 14987A
Full Text of Decision 14987A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Disqualification reduced to 3 weeks by Board and upheld by Umpire. One who professes concerns about the terms and conditions of employment but has not taken the initiative to discuss these with his employer has consistently been held to have left without just cause.
Decision 16209
Full Text of Decision 16209
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Employed with handlers and distributors of packaged food products where premises were infested with vermin. At times claimant had to remove dead mice and other decaying animals from the premises. Attempted to find other work before leaving.
Decision 15389
Full Text of Decision 15389
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Because someone is unhappy at work, he or she is not right to leave it unless they have another or, at least, a good chance of obtaining one in the very near future.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
wages or salary |
|
| availability for work |
job search |
warning before disentitlement |
|
| board of referees |
errors in law |
availability concept |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 14831
Full Text of Decision 14831
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The file indicates that claimant was indeed disgusted with the management situation in which he found himself at his place of employment. As dissatisfied as he might have been, this is not just cause. A prudent person would have found another job beforequitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Decision 14147
Full Text of Decision 14147
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Abruptly leaving because not completely satisfied with management or environment is not the way a reasonable person ought to act. Not reasonable to absent oneself for one day merely as a protest. Ought to have taken means to clarify or find other work.
Decision 13890
Full Text of Decision 13890
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Generally speaking, just cause will be found to exist where the conditions of employment are clearly intolerable and where the employee has taken reasonable steps to try and alleviate the problem before quitting. Overqualification found not to be just cause.
Decision 13697
Full Text of Decision 13697
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Clearly a claimant has the right to quit his employment if it does not measure up to his expectations, but he cannot automatically rely on UI fund for support. The jurisprudence has established that generally a claimant ought to find himself another employment before leaving.
Decision 13466
Full Text of Decision 13466
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
There is no evidence that the working conditions were such as to encourage a prudent individual to immediately leave the employment without first securing other employment.
Decision 13424
Full Text of Decision 13424
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
No evidence that he took any measures to rectify the conditions which he found objectionable or that he made any realistic effort to seek alternative employment before he left. Context: left after 5 days' work following lengthy unemployment.
Decision 13388
Full Text of Decision 13388
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
He did not discuss those problems with his employer before quitting, nor with the union. It has been decided in many cases that a claimant must prove that working conditions were intolerable and that he had made some reasonable effort to bring about an improvement.
Decision 13183
Full Text of Decision 13183
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Jurisprudence has established that dissatisfaction with conditions of employment does not constitute just cause which must be measured by what an ordinary prudent person would do. Two days is not really a sufficiently long enough period of time in whichto assess a job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
| availability for work |
applicability |
days of work |
|
Decision 13124
Full Text of Decision 13124
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
4 out of 5 complaints against the employer were upheld by the Labour Board; fair indication that conditions less than satisfactory; claimant should have awaited the Labour Board's decision and seek out new employment; disqualification reduced to 1 week.
Decision 12988
Full Text of Decision 12988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
No need to cite authorities that simple frustration over a 3-week period is not just cause. Claimant made no efforts to obtain other employment or remedy frustrations of a relatively minor nature. No ground for reducing a 6-week disqualification.
Decision 12980
Full Text of Decision 12980
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
There is ample jurisprudence that while an employee may be dissatisfied with the nature of his work or the conditions, he is not justified in leaving hastily without having another job to go to unless conditions are so intolerable that it is impossible to continue.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Decision 12811A
Full Text of Decision 12811A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The jurisprudence is clear that just cause is not present unless the employee has other employment to go to or conditions are intolerable with no possibility of being remedied. Merely not turning up for work without even advising employer is unacceptable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
employment about to terminate |
|
Decision 12767
Full Text of Decision 12767
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Clearly established in case law that dissatisfaction wtih conditions, whatever they be, is not sufficient, unless intolerable to point that employee has no choice but to leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
requests for information |
|
|
| basic concepts |
disqualification and disentitlement |
|
|
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 12736
Full Text of Decision 12736
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
No evidence that working conditions were such as to encourage a prudent individual to immediately leave without first securing other alternative employment.
Decision 12078
Full Text of Decision 12078
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Conditions must be so intolerable as to give rise to a genuine grievance coupled with reasonable steps to alleviate that grievance; if no other job in sight, there must be a good and compelling reason; standard to apply is that of reasonable man.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
|
Decision 11652
Full Text of Decision 11652
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Conditions intolerable to point claimant left. No efforts to try to improve. No assurance of other employment or very strong probability of obtaining other employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary leaving defined |
|
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 11468
Full Text of Decision 11468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Advocate worker whose professional qualifications were not used by the City. Job frustration is a common phenomenon in various employment situations but it alone cannot constitute just cause. No attempt to find other work before leaving. 4-week disqualification upheld.
Decision 11413
Full Text of Decision 11413
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Working conditions not so unbearable that claimant had no choice. Not the best but earning a fair level of income. A prudent individual would not leave immediately without taking steps to find other work. Did not discuss reasons with employer. Disqualification reduced to 3 weeks.
Decision 11351
Full Text of Decision 11351
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Working conditions were not such as to encourage a prudent individual to immediately leave employment which was stable and likely to continue, without seeking other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| voluntarily leaving employment |
commuting |
transportation difficulties |
|
Decision 11328
Full Text of Decision 11328
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Appeared that he left because he was not satisfied with conditions. Not established that conditions were so unacceptable as to justify leaving without first ensuring could get new employment.
Decision 11134
Full Text of Decision 11134
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Just cause may be established if the working conditions or the employment are unsatisfactory but it is well established that it means something more than the personal preference of the claimant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
charter |
|
Decision 11105
Full Text of Decision 11105
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
The background factors (different occupation, hours and site than expected) are ones a prudent employee is expected to deal with by approaching the employer and discussing them. A prudent person does not respond to such deficiencies by precipitously quitting.
Decision 08892
Full Text of Decision 08892
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Summary:
Cases involving allegations of intolerable working conditions are almost vigorously contested. As a result, they involve 2 predominant questions, 1) the credibility of claimant and 2) if believed, whether he has taken all steps to bring the conditions to his employer's attention.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
discrimination |
|
