Decision A-0126.97

Case Number Claimant Judge Language Decision date
Decision A-0126.97 Thyssen Irene P.  Federal  English 1998-03-17
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  legislation  charter 

Summary:

Claimant left job in Nova Scotia to live with her boy friend in Windsor, Ont. Disqualified for V.L. without just cause. Appeal not based on the "common law relationship" argument but on Charter and Constitution Act, which guarantee the claimant's rights to move and take up residence, and to pursue the gaining of a livelihood, in any province. The UI Act provides a scheme of insurance for persons who become unemployed, not mobility insurance ruled the Umpire. The Act does not place any barrier nor discriminate against anyone on the basis of provincial residence. Claimant disqualified because she voluntarily left her employment in circumstances in which it cannot be said that she did not have any reasonable alternatives. Appeal summarily dismissed by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  purpose of ui system 

Summary:

Claimant left job in Nova Scotia to live with her boy friend in Windsor, Ont. Disqualified for V.L. without just cause. Appeal not based on the "common law relationship" argument but on Charter and Constitution Act, which guarantee the claimant's rights to move and take up residence, and to pursue the gaining of a livelihood, in any province. The UI Act provides a scheme of insurance for persons who become unemployed, not mobility insurance ruled the Umpire. The Act does not place any barrier nor discriminate against anyone on the basis of provincial residence. Claimant disqualified because she voluntarily left her employment in circumstances in which it cannot be said that she did not have any reasonable alternatives. Appeal summarily dismissed by the FCA.


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