Decision A0376.08

Case Number Claimant Judge Language Decision date
Decision A0376.08 Russell  Nadon  English 2009-05-27
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  unauthorized leave of absence 

Summary:

In this case, the Umpire had allowed the claimant's appeal from a decision of the BOR. The Umpire had found that s. 32(1) of the EIA was not applicable because there had been no agreement between the claimant and her employer as to the date which she would resume employment, as required by s. 32(1)(b) of the EIA. In allowing the application, the FCA held that the two conditions set out in s. 32(1) of the EIA were met. Firstly, the period of leave was authorized by the employer and secondly, the date of the claimant's return to her job was agreed to between the employer and the claimant. The Umpire's decision was set aside.


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