| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
|
Summary:
The board referred to social pressure. However, there is nothing to show that the insured were ever victims of harassment from younger employees. The mere desire of young people to get older people to give up their positions is not sufficient. [p. 5]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
monetary considerations |
|
Summary:
Fact that employee may have believed he would have enough money to live without working is not just cause. I would say the same of someone who quit in order to obtain a monetary advantage. [p. 6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
According to the board, the insured acted reasonably in quitting. This demonstrates a total misunderstanding of expression just cause. Not synonymous with reason or ground. Winning the lottery or inheriting a fortune may be an excellent reason but it is not just cause.
Just cause means no more than "right" or "right and reasonable" in the context of the risk of unemployment. [p. 8-9]
Quoted with approval from CREWE: "Not sufficient to prove it was quite reasonable to leave. Reasonableness may be good cause but not necessarily just cause. Without just cause means without any just cause for throwing on to the UI fund the payment of UI." [p.7]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
Summary:
S. 28 is part of an Act that establishes a system of insurance against unemployment and its provisions must be interpreted having regard to the obligation that normally rests on any insured not to deliberately cause the occurrence of the risk. [p. 6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
retirement |
|
Summary:
Fact that employee may have believed he would have enough money to live without working is not just cause. I would say the same of someone who quit in order to obtain a monetary advantage. [p. 6]
The board referred to social pressure. However, there is nothing to show that the insured were ever victims of harassment from younger employees. The mere desire of young people to get older people to give up their positions is not sufficient. [p. 5]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
Summary:
He may have taken steps to minimize that risk, by obtaining a promise of immediate fresh employment. Any change of employment is likely to involve some risk of temporary unemployment and the question is whether claimant's conduct such as to create unreasonable risk. [p.8-9]
L'employé qui a quitté volontairement son emploi et n'en a pas trouvé un autre s'est placé délibérément dans une situation lui permettant de forcer des tiers à lui verser des prestations. Conduite excusée s'il croyait qu'il ne serait pas en chômage. [p.6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
Summary:
While question of whether an employee had just cause is one of fact, the question of the definition of just cause is purely a question of law. Error of law if decision cannot be reconciled with definition. [p. 4]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Summary:
He may have taken steps to minimize that risk, by obtaining a promise of immediate fresh employment. Any change of employment is likely to involve some risk of temporary unemployment and the question is whether claimant's conduct such as to create unreasonable risk. [p.8-9]
