Decision 28820

Case Number Claimant Judge Language Decision date
Decision 28820   Reed  English 1995-08-28
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  to accompany spouse 

Summary:

Moving of a spouse resulting in just cause is often where the move is required by the first spouse's employer, or a spouse might move to take advantage of a significant career advancement or to obtain employment. The test is whether the reasons for the move justified the other spouse to leave work. There is no legal obligation for one spouse to follow another. The word "obligation" in 28(4)(b) refers to society's expectations that spouses will live together. Para. 28(4)(b), indeed ss. 28(4) as a whole, is a codification of the pre-existing jurisprudence.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  obligation to care for a child 

Summary:

The argument that the cultural imperatives for a Sikh family expect parents to live with and give support to their grown children (aged 23 and 28, one married and the other studying) when they take up residence in a new location was dismissed as not making sense and not convincing.


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