IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT
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in the matter of a claim for benefit by
SHAINAZ ANAND
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IN THE MATTER of an appeal by the Claimant
from a decision of a Board of Referees given at
North York, Ontario, on the 12th day of May, 2000
D E C I S I O N
Hon. David G. Riche
The claimant is appealing an indefinite disqualification imposed pursuant to sections 29 and 30 of the Employment Insurance Act for having voluntarily left her employment without just cause.
The Board found that the claimant had an ongoing problem with her supervisor, but she remained on the job because she loved her job. She had been working there three years. The claimant requested a weeks leave because of illness and when she returned, her desk had been cleared of personal items including phone numbers which were required for her work. The Board felt that there were definitely difficulties relating to the claimant's work atmosphere but concluded that there were other avenues that the claimant could have explored before quitting her job. A more reasonable approach may have been to look for other employment before leaving her job.
The claimant when she appeared before me stated that she had had confrontations with her supervisor and had been insulted with respect to her ability to perform her duties. She also confirmed that her personal items were removed when she returned to her office after only being away for one week sick leave.
I have considered the decision of the Board and I am not satisfied that the Board properly considered the evidence that it had before it. As I pointed out to counsel for the Commission, the statements concerning the quality of her work culminating in the removal of personal items from her desk including the numbers which were required for her work is, in my view, a policy or program to obtain a resignation from the claimant.
Although it is not my position to substitute my finding of fact for that of the Board, I am satisfied that the acts of the employer in this case were sufficient to amount to in law constructive dismissal.
Although I agree that ordinarily the claimant would look for other employment before leaving her job, in this case where her desk had been cleared it was, in my view, a clear indication that this claimant was not wanted.
Based on the foregoing, I am satisfied that the claimant had just cause for leaving her employment.
David G. Riche
Umpire
March 25, 2001
St. John's, Newfoundland