Decision 76316

Case Number Claimant Judge Language Decision date
Decision 76316   Goulard G.  English 2011-01-21
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  family considerations 

Summary:

The claimant was given a leave of absence to care for her newborn grandchild. She applied for parental benefits and The Commission determined that the claimant had left her employment without just cause. The claimant was not eligible for parental benefits as she had not proven that a child had been placed with her for the purpose of adoption. The claimant’s grandchildren were placed with the claimant and her husband pursuant to an order of a Justice of the Ontario Court of Justice. The natural parents were given access to the children with supervision. 23.(1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. The Commission’s position was based on the fact that there was no evidence that the placement of the child with the claimant was for the purpose of adoption. The appeal by the commission is allowed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  parental benefits  responsability to take care of a child 

Summary:

The claimant was given a leave of absence to care for her newborn grandchild. She applied for parental benefits and The Commission determined that the claimant had left her employment without just cause. The claimant was not eligible for parental benefits as she had not proven that a child had been placed with her for the purpose of adoption. The claimant’s grandchildren were placed with the claimant and her husband pursuant to an order of a Justice of the Ontario Court of Justice. The natural parents were given access to the children with supervision. 23.(1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. The Commission’s position was based on the fact that there was no evidence that the placement of the child with the claimant was for the purpose of adoption. The appeal by the commission is allowed.


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