Decision A0429.10
Full Text of Decision A0429.10
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left his part-time employment in order to move to his parent’s home and save on living expenses during his summer break from school. However, the claimant did not secure employment before leaving, nor did he request a leave of absence from his part-time employment. The jurisprudence states that remaining in employment until a new job is secured is, without more, generally a reasonable alternative to taking a unilateral decision to quit a job. Further, a claimant's desire to improve his or her financial situation may constitute good cause , but it does not constitute just cause within the meaning of the Act.
Decision 77355
Full Text of Decision 77355
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left her employment and moved to another location with her boyfriend of 7 months, her common-law partner. However, the claimant does not meet the time factor of one-year cohabitation as required by the Act. . Accordingly, the appeal by the claimant is dismissed by the Umpire.
Decision 76638
Full Text of Decision 76638
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
In her application for benefits the claimant stated that she had taken a leave of absence as she wanted a better life for herself and her daughter, therefore moved to Ontario from Nain Inuit. The Commission refused to pay the claimant benefits since it was of the view that she had left her employment without just cause. In addition, the Commission imposed a disentitlement because since leaving her employment, the claimant had not been looking for work. The claimant's appeal is dismissed by the BOR and by the Umpire.
Decision 76656
Full Text of Decision 76656
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| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left her employment in Kingston to relocate in Whitby with the objective to diminish her living expenses and obtain better job opportunities in order to improve her working conditions. Based upon the facts, the Commission determined that the claimant did not demonstrate just cause for voluntary leaving her employment because she failed to show that she had no reasonable alternative to leaving when she did. Having so concluded, the Commission imposed the claimant an indefinite disqualification. The Board ultimately found that the claimant had made an unwise personal financial decision. According to the Umpire, the decision of the Board to the effect that the claimant had not demonstrated just cause for leaving her employment since she had a reasonable alternative is justified in fact and in law. For these reasons, the appeal is dismissed by the Umpire.
Decision 75597
Full Text of Decision 75597
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left his job to travel to and live in Winnipeg in order to follow his fiancée who had been transferred to Winnipeg. Prior to leaving Montreal, the claimant and his fiancée had not cohabited and they had no children together. The Board finds that the claimant does not meet the obligations to care for a member of his immediate family under the meaning of Subsection 51(1) of the EI Regulations. The Board concludes that the claimant did not have just cause for leaving his employment pursuant to sections 29 and 30 of the EI Act. The appeal by the claimant before the Umpire is dismissed.
Decision 73166
Full Text of Decision 73166
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left his employment on January 29, 2009 and made a claim for benefits. The claimant had apparently arranged with a friend to rent an apartment and attend university during the fall of 2009. The claimant felt he could easily get a job in either Brampton or Toronto at a higher wage. As a result, the claimant gave two weeks notice effective January 29. Unfortunately, the claimant's friend changed his mind about moving therefore, the claimant did not have a place to live in Toronto. The claimant then decided that he would go back to his original job. When he did that, the employer advised him that it was too late because his resignation had been processed. The appeal of the Commission is allowed
Decision 72298
Full Text of Decision 72298
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left NB to work in AB. He was employed and worked as a heavy diesel mechanic until of May, 2008. He then quit his employment to move back to New Brunswick to continue his apprenticeship. The Commission then contacted the education authorities in Alberta and was advised that the claimant's hours were transferrable. The evidence is clear that it was the claimant who made a personal choice to quit his job in order to move back to New Brunswick to continue his apprenticeship. The appeal of the Commission is allowed.
Decision A0344.07
Full Text of Decision A0344.07
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant had two jobs in Toronto, one full-time the other part-time. After losing the full-time job, the claimant quit the part-time job with Best Buy and moved to Vancouver to be supported by his family while he looked for employment there. His wife had moved to Vancouver after the claimant lost his full-time job because of their loss of income and the high cost of living in Toronto. The Court said in part: "The Umpire noted that the Board had found that the claimant did not ask Best Buy for more hours of work, nor took up the employer's offer to assist him to obtain employment with Best Buy in Vancouver. The standard of review applicable to a decision of an Umpire is correctness on questions of law and unreasonableness on the application of the law to the facts. Having found that the Umpire committed no error of law in his interpretation of the Act, we are not persuaded that, on the basis of the record, it was unreasonable to conclude that the claimant voluntarily quit his employment with Best Buy."
Decision 68759
Full Text of Decision 68759
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant left her employment in Thompson, Manitoba to move with her spouse to BC where they had bought a property ten years earlier. The husband had decided to quit his job and as a couple they decided to move to BC. This decision cannot be described as resulting from an obligation to accompany a spouse pursuant to paragraph 29(c)(ii) of the Act.
Decision 64052
Full Text of Decision 64052
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
The claimant quit her job to join her husband who moved to establish a business impending his permanent lay-off. The judge sated that when one spouse is facing loss of work or retirement both spouses have to make a joint decision about their future. Spouses are entitled to live together and when one spouse moves, for whatever reason, there is surely an obligation on the other spouse to follow.
Decision 56784
Full Text of Decision 56784
summary
| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Claimant first stated that she left her job to be closer to the family. Subsequently, she stated that she moved because her husband thought he was going to get a transfer to Mississauga but his employer did not accede to the husband's request for a transfer. In the meantime claimant and husband had already sold their home. Found by BOR and sustained by the Umpire that the claimant and her spouse made a personal decision to move and that did not satisfy the concept of just cause. Appeal dismissed.
Decision A-0030.00
Full Text of Decision A-0030.00
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
The claimant could not validly cite moving as a reason for leaving, since it resulted from her going back to school.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 50352
Full Text of Decision 50352
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| Issue: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Claimant quit job in N.S. to attend Concordia University in Montreal, which is the only institution in Canada offering the course which she wanted to follow. Held by Umpire that leaving employment to follow a course has always been said to be a purely personal decision and does not constitute just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Decision 49011
Full Text of Decision 49011
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Claimant quit to move to Brampton to be with fiancée. No common law relationship established prior to moving. No children involved and no proposed marriage date until 11 months later. BOR was of the view that the situation was similar to a person moving to get married and allowed the appeal. In reference to Tanguay (A-1458.84), the Umpire found that claimant had not exhausted all reasonable alternatives available to her prior to leaving her employment. Commission's appeal was allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
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| voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 47599
Full Text of Decision 47599
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
In the summer of 1997, claimant's wife gave him an ultimatum that if the relationship was to continue he would need to work around home instead of up North. He left before Christmas 1997 to return home to go to school and he did not request leave before leaving. Claimant decided not to return to work, alleging the necessity to follow a spouse and also take a course of study. Disqualification imposed for having left his employment without just cause. Decision upheld by Umpire. Claimant initially took the position while fully aware that it would mean living away from his wife. It cannot retroactively be good cause for him to leave in order to relocate with her without showing he had no other alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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| voluntarily leaving employment |
just cause |
to accompany spouse |
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Decision 43829A
Full Text of Decision 43829A
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| Issue: |
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Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
See summary under FCA A-0030.00
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Decision 42390A
Full Text of Decision 42390A
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Living in Toronto, the claimant and her husband mutually agreed to purchase a home in Barrie. Claimant quit because of difficulties to commute daily and was disqualified for having left her job without just cause. Disqualification upheld by BOR. Found that the decision to relocate was purely personal, not necessitated by a spousal job transfer and that there was no urgent or compelling reason to quit until all alternatives were considered.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 43463
Full Text of Decision 43463
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Claimant quit his job because he could no longer afford to live in Kitchener and could not afford his apartment. He moved back with his parents so that he could pay off his debts. Umpire found that although it is clear that claimant had financial problems it was incumbent upon him to make a genuine effort to resolve these difficulties in some manner other than leaving the employment in which he was engaged.
Decision 41254A
Full Text of Decision 41254A
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Claimant left her job because she became engaged to a man who lived one and one-half hours away from her residence and moved to his residence to live with him. Umpire concluded that the reasons she provided for leaving her job do not meet the definition of just cause. She provided nothing more than what may be described as a good personal reason.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 42076
Full Text of Decision 42076
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Because of financial reasons, claimant decided to sell his home in Oshawa, quit his job where he was employed for the period of 1988 to 1997 and move to his second home in BC. Umpire concluded that circumstances which induced the claimant to leave his employment may have been motivated by good personal reasons. However, his reasons for leaving Oshawa were personal financial reasons, good cause maybe, but not just cause.
Decision 40765
Full Text of Decision 40765
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
In the space of a few days, he was transferred to Borden, to Ottawa and to Petawawa. His family refused to follow him to Petawawa, and he therefore requested voluntary retirement. Umpire found that the claimant no doubt had good personal reasons for quitting, but a “reason” or “motive” is not synonymous with just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
armed forces |
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Decision 37153
Full Text of Decision 37153
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Quit because she was concerned about the impact of the city environment on the best interests of her children, she wished to relocate. Although her goal is laudable, seeking to provide her children with an environment which, in her view, is more conducive to their best interests, it does not constitute just cause.
Decision 28711
Full Text of Decision 28711
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Montrealer who, instead of relying on welfare, accepts employment in B.C. Quits after 5 months to return to Montreal; missed his family, not bilingual and at to endure racism at work (called upon to do the most menial tasks).
Decision 22117
Full Text of Decision 22117
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Refer to: A-1677.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
distance too great |
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Decision A-1677.92
Full Text of Decision A-1677.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Moves to Varennes: continues working in Montreal-North for 3 months. Husband's timetable changed. No longer able to commute by car with him, 5 hours by bus. The Umpire erred in dealing only with the transporation problems rather than the decision to move. Certainly not just cause in the case at bar.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
commuting |
distance too great |
|
Decision 20963
Full Text of Decision 20963
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Had a house built 80 km from place of work and then moved into it. No adequate transportation. Did not look for anything else before quitting.
Decision 19420
Full Text of Decision 19420
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
His decision to relocate in Alberta for purposes of career advancement in the field of music did not constitute just cause for leaving his seasonal employment in Prince Edward Island at the beginning of the season. TANGUAY examined. Disqualification reduced to 3 weeks.
Decision 17491
Full Text of Decision 17491
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Just cause not defined but interpreted judicially on many occasions. Generally, personal reasons such as a dislike of the employer, a desire to return to school or to relocate do not amount to just cause. To quit Alberta to relocate or return to Ontariois not just cause.
Decision 16793
Full Text of Decision 16793
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Disqualified 4 weeks. Left to move to New Zealand. His reasons for going there probably constituted good cause: ailing health of elderly relatives. But he left 3 months in advance in order to arrange for the move and sell his property. In addition, availability not proven.
Decision 16306
Full Text of Decision 16306
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Young Quebecer who went to work in Toronto in order to learn English and came back after 6 months, believing he would find work in Quebec. The Board was undoubtedly justified in reducing the disqualification period from 6 to
2 weeks, and there is no reason to cancel it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
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Decision 12464
Full Text of Decision 12464
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
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Summary:
Leaves employment in Peterborough. Had a new home built in Milbrook, 32 miles away. No evidence of job search or attempts to commute. No error for the Board to uphold a 6-week disqualification and non-availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
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| basic concepts |
waiting period |
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Decision 11645
Full Text of Decision 11645
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Summary:
Not contested that his history of employment in Edmonton had not been good or prospects for employment were dim. It seems as if he took a reasonable course of action in leaving Edmonton. Disqualification reduced to 4 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
impending layoff |
|
