IN THE MATTER OF the Unemployment Insurance Act,
R.S.C. 1985, c. U-1
- and -
IN THE MATTER OF a claim for benefit by
April D. Hawkes (née Darling)
- and -
IN THE MATTER OF an appeal by the
Claimant from a decision of the Board of Referees
given on August 4, 1993 at Moncton, N. B.
THE HON. R. C. STEVENSON, UMPIRE
The Commission disqualified the claimant from receiving benefits on the ground she had voluntarily left her employment without just cause. The Board of Referees dismissed her appeal and she appeals to the Umpire.
The claimant was employed as a clerk at the Dr. Everett Chalmers Hospital in Fredericton. She was to be married in late August or early September of 1993 and would thereafter be living in the Moncton area. She resigned her position in Fredericton as of May 13, 1993 and moved to Moncton in order to look for work there.
Before resigning, the claimant inquired at the Commission's Fredericton office as to whether she would be eligible for benefits and was led to believe that in her circumstances she would be. She had, in fact, been applying for jobs in Moncton before leaving Fredericton.
Leaving employment to accompany one's spouse to another residence is recognized by paragraph 28 (4) (b) of the Unemployment Insurance Act as just cause to voluntarily leave one’s job. When the claimant left her job she did not have a spouse.
I understand that it is the Commission's policy to recognize application of paragraph 28(4)(b) to a relocation prior to a pending marriage so long as the separation from employment takes place in reasonable proximity to the claimant’s wedding day. In this case it occurred over three months in advance.
I cannot find that the Board of Referees erred in law or that it made any erroneous finding of fact.
With respect to the claimant being misled by information solicited from Commission employees, it has been consistently held that misinformation given by Commission employees does not entitle a claimant to receive benefits to which she would not otherwise have been entitled.
The appeal is dismissed.
RONALD C. STEVENSON
Umpire
Fredericton
19 April 1995
2011-01-10