Decision 25460

Case Number Claimant Judge Language Decision date
Decision 25460   Strayer  English 1994-10-13
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  courses of study 

Summary:

One is left with the need to determine whether claimant "had no reasonable alternative to leaving the employment". Clearly he had a choice between going to school or continuing to work. There was no personal pressing necessity on him to undertake the course. He thought it advantageous to do so. The fact that through circumstances completely beyond his control he later found himself not at school but unemployed and in need of UI does not alter the wisdom of the decision he took in the first place to leave his job. It appears impossible to say now that he had "no reasonable alternative".


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  definition 

Summary:

The jurisprudence arising out of the previous wording of the Act was probably less demanding of claimants. The test of "having regard to all the circumstances... no reasonable alternative" in the Act as it now stands appears to narrow if anything the meaning of "just cause". Ss. 28(4) quoted in part. There then are listed by way of example numerous circumstances, none of which apply here. One is thus left with the need to determine whether in the particular circumstances in this case the claimant "had no reasonable alternative to leaving the employment".


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