Decision A-0466.95

Case Number Claimant Judge Language Decision date
Decision A-0466.95 Mullin Lorraine  Federal  English 1996-04-17
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A  28343 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  to accompany spouse 

Summary:

Moved from Ontario to N.B. after husband's layoff. Umpire not concerned whether decision to move made alone or agreed upon by both spouses. The FCA found that neither the BOR nor the Umpire had failed to consider "all the circumstances" as the law obliged them to do. Claimant quit job and moved from Ontario to N.B. after husband's layoff. The FCA stated that although it might be a relevant circumstance to be considered, there was no absolute requirement under par.28(4)(b) that the spouse whom the claimant accompanies have obtained employment at the new location.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  no reasonable alternative 

Summary:

When a single person, or the only working spouse in a marriage, voluntarily leaves employment, the reasonable alternative factor must be a major consideration in determining the issue of just cause. Umpire not concerned whether decision to move taken byboth spouses or not. Confirmed by the FCA.


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