Decision A-0141.97

Case Number Claimant Judge Language Decision date
Decision A-0141.97 Astronomo Rena  Federal  English 1998-07-10
Decision Appealed Appellant Corresponding Case
Allowed Majority - Returned to the ump  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of facts 

Summary:

Quit her job after refusing two alternatives as neither allowed her to work full time during the day. Umpire found that just cause was implicitly considered by the BOR when it found that the employer had in good faith made reasonable offers of job to the claimant. FCA disagreed with the Umpire's conclusion finding that the BOR did not fully consider whether the claimant had just cause for leaving her employment. By focusing almost exclusively on the issue of whether the employer's re-organization of its business was done in good faith, the BOR failed to have proper regard for the statutory test for just cause as it found in subsection 28(4) of the Act.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  legislation  questions to examine 

Summary:

Quit her job after refusing two alternatives as neither allowed her to work full time during the day. Umpire found that just cause was implicitly considered by the BOR when it found that the employer had in good faith made reasonable offers of job to the claimant. FCA disagreed with the Umpire's conclusion finding that the BOR did not fully consider whether the claimant had just cause for leaving her employment. By focusing almost exclusively on the issue of whether the employer's re-organization of its business was done in good faith, the BOR failed to have proper regard for the statutory test for just cause as it found in subsection 28(4) of the Act.


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