IN THE MATTER OF the Unemployment Insurance Act,
R.S.C. 1985, c. U-1
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IN THE MATTER OF a claim for benefit by
Gregory A. Nuttall
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IN THE MATTER OF an appeal by the Claimant
from a decision of the Board of Referees given on
November 23, 1995 at Vancouver, British Columbia
Appeal heard at Vancouver, British Columbia on May 8, 1997
THE HON. R. C. STEVENSON, UMPIRE
On October 23, 1995 the Commission ruled that it could not pay Mr. Nuttall any regular benefits starting September 24, 1995 because he quit his job with Active Component Sales Corp. on September 29, 1995 without just cause. In other words, Mr. Nuttall was disqualified from receiving benefits because he had voluntarily left his employment without just cause. The Board of Referees dismissed his appeal and he appeals to the Umpire. He was unable to attend the hearing of this appeal and indicated he had lost interest in it. I will decide the appeal on the basis of the documents filed.
The Board of Referees said it did not find just cause for Mr. Nuttall to leave his employment without another job to go to.
The first issue is whether Mr. Nuttall voluntarily left his employment on September 29, 1995. On September 15 he submitted a letter of resignation to the employer, the resignation to be effective October 19, 1995. On September 29 the employer terminated the relationship. Thus Mr. Nuttall did not voluntarily leave his employment on September 29. I find in the appeal file copies of two decisions of Umpires - CUB 13930 (Ireland) and CUB-27487 (Frewer) both of which hold that in such circumstances a disqualification cannot stand.
The appeal is allowed and the Commission's disqualification decision is set aside.
RONALD C. STEVENSON
Umpire
Fredericton
10 July 1997