Decision 23259

Case Number Claimant Judge Language Decision date
Decision 23259   Reed  English 1993-10-22
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  mutual decision 

Summary:

A personality conflict between an employer and employee can be resolved by a mutual decision to terminate the employment relationship pursuant to which the employer gives an employee a reasonable period of notice and thereby a period of time within which to seek alternate employment. Termination here was a mutual decision wherein each recognized that they could not continue working together. It was not leaving without just cause. Nor could I characterize it as a constructive dismissal. It was simply a mutual albeit acrimonious decision to terminate the relationship immediately.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  tantamount to dismissal 

Summary:

It is not clear why the Board characterized the events as a constructive dismissal. A personality conflict, a flaring of tempers does not automatically lead to such a conclusion. These are equally consistent with an employee leaving employment (with or without just cause).


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