CUB 48120

IN THE MATTER of the EMPLOYMENT INSURANCE ACT

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IN THE MATTER of a claim for benefits by SYLVESTER COLLINS

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IN THE MATTER of an appeal to an Umpire by the claimant from
a decision of a Board of Referees given at Gander, Newfoundland
on October January 15, 1999

DECISION

THE HONOURABLE R.E. SALHANY Q.C., UMPIRE:

This appeal was heard at Gander, Newfoundland, on Monday, April 3, 2000.

At issue is whether the appellant voluntarily left his employment without just cause and whether he failed to accumulate the required number of insurable earnings pursuant to sections 7 and 8 of the Act.

The facts are that the appellant was employed by Seville Packaging Inc. in Mississauga, Ontario, living in Scarborough, Ontario. He was working a 12 hour shift from 7.00 am to 7.00 pm each day. He had to drive some considerable distance on the 401 highway to get to and from work. To anybody familiar with that busy highway, travel time each way can take between 30 minutes to an hour and a half depending on the time of day. On September 23, 1998, the appellant was returning home after 7.00 pm when his automobile broke down on the highway due to engine failure. That evening, he contacted a friend and who advised him that he could get him a job closer to home at a higher hourly rate. The next day, the appellant was able to obtain the job which was to start the following day. i.e, that is, September 25, 1998. As soon as he was assured of his new employment, the appellant advised Seville Packaging that he was quitting his job. The appellant began his new employment with Acmil Restoration Ltd. on September 25, 1998, until he was laid off.

The Board of Referees upheld the decision of the Commission to the effect that the appellant had left his employment without just cause. In my view, they erred in reaching that decision. The appellant left his employment with Seville Packaging only after he had reasonable assurance of another employment in the immediate future. (Section 29(c)(vi)). He was able to start work one day after his left his employ.

In my view the appeal must be allowed and a finding made that the appellant did not voluntarily leave his employment without just cause. The evidence also reveals that the appellant had accumulated 757.50 hours of insurable earning with Seville Packaging and 325 insurable hours with Acmil Restoration, a total of 1083.50, thus entitling him to benefits under the Act.

Accordingly, this appeal must be allowed.

R.E SALHANY

UMPIRE

DATED at Gander, Newfoundland this 3rd day of April, 2000.