Decision 45268

Case Number Claimant Judge Language Decision date
Decision 45268   Salhany  English 1999-08-06
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -

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


The claimant, a truck driver, was convicted of driving while his ability was impaired. On 31-3-98, he was advised that his driver's licence was suspended for one year. Instead of firing him, the employer decided to give the claimant a leave of absence. Claimant was denied benefits because he voluntarily took leave from his job without just cause. Claimant argued that he could no longer do his work and therefore "had no reasonable alternative to leaving or taking leave.." Held by Umpire that the lack of reasonable alternative to leaving arose out of claimant's own actions. Reference made to FCA decision in Brissette (A-1342.92).

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