| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
Summary:
The FCA ruled that the Umpire and the BOR had erred by focusing the issue on whether the employer or the claimant had taken the initiative in breaching the employment contract. An employee who, like the claimant, informs her employer that she is less available than before because of her studies is inviting the employer to terminate the employment contract. It is therefore a case of voluntary separation, since the dismissal is merely the logical outcome of the claimant's deliberate act of pursuing studies under conditions that prevent her from being available.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
By informing her employer that she is less available than before because of her studies, the claimant is inviting the employer to terminate the employment contract if it cannot accommodate her reduced availability. It is therefore a case of voluntary separation, since the dismissal is merely the logical outcome of the claimant's deliberate act of pursuing studies under conditions that prevent her from being available.
