Decision A-0249.01

Case Number Claimant Judge Language Decision date
Decision A-0249.01 Lessard  Federal  French 2002-11-25
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  48985A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  new employment 

Summary:

The claimant left his employment to complete a thirteen week training course in policing techniques. At the end of the course he was hired as a police officer. The Board of Referees ruled that the claimant had just cause to leave his employment since he had reasonable assurance of another employment within a reasonable time. The Federal Court of Appeal emphasized that subparagraph 29(c)(vi) assumes three things: reasonable assurance, another employment and the immediate future. The Court determined that the Board of Referees committed an error in law in confusing "a reasonable time" and "the immediate future." The Court doubts that there can be reasonable assurance of another employment when obtaining the employment is conditional on completion of a thirteen week course which has not yet been started. The Court finds that such employment does not constitute employment in the immediate future.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  courses of study 

Summary:

The claimant left his employment to complete a thirteen week training course in policing techniques. At the end of the course he was hired as a police officer. The Board of Referees ruled that the claimant had just cause to leave his employment since he had reasonable assurance of another employment within a reasonable time. The Federal Court of Appeal emphasized that subparagraph 29(c)(vi) assumes three things: reasonable assurance, another employment and the immediate future. The Court determined that the Board of Referees committed an error in law in confusing "a reasonable time" and "the immediate future." The Court doubts that there can be reasonable assurance of another employment when obtaining the employment is conditional on completion of a thirteen week course which has not yet been started. The Court finds that such employment does not constitute employment in the immediate future.


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