Decision A0471.15

Case Number Claimant Judge Language Decision date
Decision A0471.15 Hurtubise  De Montigny  English 2016-05-11
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  danger to health * 


The FCA decided that the SST applied the proper test to determine if the claimant left his employment without just cause within the meaning of section 29 and 30 of the EIA. The claimant stated that he quit his job because he was claustrophobie and was required to work in confined spaces. Also, because he was looked down upon by his colleagues who would talk over him and not acknowledge him. As for the evidence from his doctor, the GD gave it no weight because it was sought only after his reconsideration request to the Commission was refused. When reviewing décisions of the Appeal Division, this Court must show deference and apply the standard of reasonableness to questions of mixed fact and law. After reviewing the evidence, the Appeal Division found that the claimant's working conditions were not so intolerable as to leave him reasonable option to resign. The Appeal Division also came to the conclusion that the medical note should be given little weight considering that it was sought after the fact and did not particularize the employment and the medical conditions it was referring to. The application for judicial review was rejected.

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