IN THE MATTER OF the Unemployment Insurance Act,
R.S.C. 1985, c. U-1 I
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IN THE MATTER OF a claim for benefit by
Jaswinder Gill
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IN THE MATTER OF an appeal by the Claimant from a decision of
the Board of Referees given on January 16, 1996 at
New Westminster, British Columbia
Appeal heard at Vancouver, British Columbia on May 8, 1997
DECISION
THE HON. R. C. STEVENSON, UMPIRE
Mrs. Gill was employed by the Pantry Family Restaurant in North Delta until March 5, 1995 when she went on maternity leave. When the time came for her to return to work at the beginning of October the employer offered her reduced hours of work which Mrs. Gill found unacceptable. She found a full time job but was laid off on October 28.
The Commission said she could not be paid benefits because she had voluntarily left her employment with the restaurant without just cause. The Board of Referees dismissed her appeal and she appealed to the Umpire.
The Board of Referees accepted hearsay statements recorded by insurance officers in interviews with the employers in preference to the claimant's oral evidence and documentary evidence from the employers that corroborated Mrs. Gill's contentions.
A significant reduction in work hours with a consequent loss of income gave Mrs. Gill just cause to leave the employment with the restaurant. The Board of Referees based its decision on erroneous findings of fact that it made without regard for the material before it.
The appeal is allowed and the disqualification is set aside.
RONALD C. STEVENSON
Umpire
Fredericton
10 July 1997