Decision 70395

Case Number Claimant Judge Language Decision date
Decision 70395   Tannenbaum  English 2008-05-07
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 


Misconduct and voluntary leaving are two distinct notions rationally linked together because they both refer to situations where loss of employment results from a deliberate action of the employee. Tantamount to dismissal. The claimant was obligated to renew his security license as directed by the Ministry in order to continue working. The claimant did not renew his license. He knew it was his responsibility to renew his license or he would be dismissed. The claimant chose to notify the employer that he quit. If the employer had actually dismissed him, a finding of misconduct would have resulted. Since the legal issue is a disqualification under subsection 30(1) of the Act, the finding of the Board or the Umpire can be based on any of the two grounds for disqualification as long as it supported by the evidence.

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