IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
ANDRE SEXTON
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IN THE MATTER of an appeal by the claimant to an
Umpire from a decision of a Board of Referees given
at Sault St. Marie, Ontario on November 26, 1998.
DECISION
THE HONOURABLE R.E. SALHANY, Q.C., UMPIRE
This appeal was heard at Sault St. Marie, Ontario on Friday, October 1, 1999.
At issue is whether the appellant left his employment without just cause. The Board upheld a decision of the Commission finding that the appellant had not shown that he had no reasonable alternative but to leave his employ. The appellant did not deny that he had voluntarily taken a buy-out package offered by his company. He said that he did so because his wife's mother resided in Sault St. Marie and was very ill, and his wife was going back and forth to Sault St. Marie from their home in Oshawa to look after her. This was put a tremendous financial and emotional strain on their marriage. He felt that he had no alternative but to take the buy-out package and move to Sault St. Marie so that he and his wife could be togther. Unfortunately, while the paperwork was being completed, his mother-in-law died and it was too late to stop the paper work.
In my view, the Board of Referees placed an unduly restrictive emphasis on the language in section 29(c)(v) of the Employment Insurance Act. The appellant's wife felt an understandable obligation to look after her dying mother. The appellant was faced with a heavy financial and emotional strain on his marriage unless he moved with his wife to Sault St. Marie so that she could look after her mother. I do not think that the section should be so restrictively interpreted so as to preclude a claimant from being justified in leaving his employment to be with his spouse of thirty years who feels her deep obligation to care for her dying mother.
I am of the view that the Board of Referees erred in reaching their conclusion that the appellant had not shown just cause in voluntarily leaving his employment and would allow the appeal.
R.E. Salhany
Umpire
Dated at Sault St. Marie, Ontario this 1st day of October, 1999.
2011-01-10