Decision A-0691.94

Case Number Claimant Judge Language Decision date
Decision A-0691.94 Melanson Mona  Federal  French 1995-06-02
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  26046 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  effective date of proviso 

Summary:

The event that led to the disqualification occurred on 14-8-92 when she left her employment. Yet, para. 28(4)(n) of the Act only came into effect on 3-4-93 and could not apply to disqualified persons because of an event occurring before this paragraph came into effect.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  leave or holidays 

Summary:

End of contract: 28-8-92; left on 14-8-92 to take 2 weeks holiday with her family; disqualified for 8 weeks. Given that subsection 28(4) was in effect on 8-92 and a consistent precedent from our Court, the Board was justified in deciding that she had voluntarily terminated her employment without justification.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  reasonable circumstance as prescribed 

Summary:

The event that led to the disqualification occurred on 14-8-92 when she left her employment. Yet, para. 28(4)(n) only came into effect on 3-4-93. In addition, the phrase "no reasonable circumstance" alluded to in para. 28(4)(n) had not yet been prescribed by regulation.


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