Decision 57053

Case Number Claimant Judge Language Decision date
Decision 57053   Krindle  English 2003-05-16
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  marriage and move 

Summary:

Claimant left her job in Winnipeg to be with her fiance elsewhere in Manitoba. She acknowledged that she and her fiance had not been living in a common-law relationship and that they were planning to be married in September of 2002, in excess of 10 months after she left her employment. BOR allowed the claimant's appeal but the Umpire held that the "anticipated marriage" in this case was not anticipated for almost 11 months. This cannot be called imminently. Commission appeal allowed.


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

Summary:

The BOR erred in law when it determined that the claimant moved to Gilliam to establish a common law union which, it determined, amounted to just cause. The parties must have lived together in a conjugal relationship for one year, under the legislation, for the relationship to be the equivalent of a marriage.


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