IN THE MATTER OF the Employment Insurance Act,
S.C. 1996, c. 23
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IN THE MATTER OF a claim for unemployment benefits by
Vanessa Glasgow
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IN THE MATTER OF an appeal by the Claimant
from a decision of the Board of Referees given on
February 12, 1997 at Corner Brook, Newfoundland
Appeal heard at Corner Brook, Newfoundland on October 26, 1998
DECISION
THE HON. R. C. STEVENSON, UMPIRE
The Commission ruled that Miss Glasgow was disqualified from receiving unemployment benefits because she had voluntarily left her employment with Mary Janes Ltd. on December 7, 1996 without just cause. The Board of Referees dismissed her appeal and she appeals to the Umpire.
Miss Glasgow graduated from Memorial University in April 1996. While attending university she had been employed by Mary Janes Ltd. as a retail clerk on a part time basis. After Miss Glasgow graduated she was able to work on a full time basis while regular employees took their vacations through the summer and fall months. When the vacation period ended the employer could only offer her part time work of about 10 to 15 hours a week and she was unable to survive on an income that was reduced to a range of $50 to $75 weekly. She decided to leave St. John's and return to her parents' home in Western Newfoundland. She hoped to enrol in another course of study in January 1997 but that did not happen.
The decision of the Board of Referees is unsatisfactory. I quote three paragraphs:
Ms. Glasgow maintains that her reason for leaving her job was financial. Jurisprudence has long held that leaving a fob because of one's expenses does not amount to just cause.
Ms. Glasgow had been employed part-time for a period of two years. It has long been held in jurisprudence that some work is Preferable to no work at all.
The Board contends that it was a personal decision on Ms. Glasgow's part to leave her employment when she did so with no other employment to which to go.
The underlined portions are two sentences lifted selectively from the 12 page written representations of the Commission to the Board.
Section 29 of the Employment Insurance Act provides that just cause for voluntarily leaving an employment exists if the claimant had no reasonable alternative to leaving, having regard to all the circumstances, including significant modification of terms and conditions respecting wages and significant changes in work duties.
The Board of Referees failed to consider the significant reduction in Miss Glasgow's income from $755 in September and $1070 in October to a range of $215 to $325 in November and December. The Board erred in law in failing to consider that circumstance.
It is an appropriate case for the Umpire to give the decision that the Board should have given. I find that, having regard to all the circumstances, particularly the significant reduction in income, Miss Glasgow had no reasonable alternative to leaving her employment.
The appeal is allowed and the disqualification is removed.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
November 6, 1998