Decision A0594.06

Case Number Claimant Judge Language Decision date
Decision A0594.06 Hernandez  Létourneau Gilles  French 2007-10-10
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  dangerous 


The claimant quit his job without discussing with the employer the work conditions alleged to be dangerous and without exploring with his employer the possibility that the nature or conditions of the work could be modified to respond to his concerns. There is nothing on the file to support a conclusion that the voluntary leaving was the only reasonable solution in this case. The Court said the Umpire erred in not correcting the Board's error in law, its failure to consider whether quitting was the only reasonable alternative, an essential condition of subparagraph 29(c)(iv) of the Act. The Court took into account past decisions: Horlsen (A-517-94), Astonomo (A-141-97) and Johnson (A-296-03).

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