IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
BRENT D. FULMORE
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IN THE MATTER of an appeal to an Umpire by the Canada Employment Insurance Commission from a decision by the Board of Referees given on March 4, 2003, at Winnipeg, Manitoba
DECISION
KRINDLE, Hon.
The commission appeals a decision of the board of referees holding that the claimant had just cause to voluntarily leave his employment with Northwest Glass Products Inc.
The claimant quit his job with Northwest Glass after being wrongly accused of drinking on the job. The board of referees heard all of the evidence in the case and came to the conclusion that the accusation levelled against the claimant by his employer was wrongful. The board found that the wrongful accusation, in combination with other difficulties between the claimant and his employer, amounted to "just cause" within the meaning of the Act.
The board also found "just cause" in that the claimant's terminating his employment with Northwest because he had reasonable assurance of another employment in the immediate future. The claimant had been employed with AFGD Glass prior to his taking employment with Northwest Glass. While employed with Northwest Glass, the claimant was contacted by AFGD Glass offering him employment. The claimant did not accept that offer at the time it was made. After he quit Northwest Glass, he contacted AFGD Glass and, within two weeks of his last day at Northwest, within one week of his last paycheque at Northwest, the claimant was re-employed at AFGD.
Whether or not the circumstances under which the claimant was employed were so intolerable as to leave the claimant with no alternative but to leave immediately may be questionable. However, there was certainly evidence before the board as to the relationship between AFGD and the claimant, which the claimant likens to a "standing offer of employment". The speed with which he was rehired attests to that relationship. It was reasonably open to the board to find, on the evidence, that the claimant had left his employment with Northwest Glass because he had "reasonable assurance of another employment in the immediate future."
Under the circumstances, I cannot say that the board erred when it so concluded. It is therefore not necessary for me to consider whether the conduct of the employer at Northwest Glass amounted to just cause for voluntary termination.
The appeal of the commission is dismissed.
Ruth Krindle
UMPIRE
OTTAWA, Ontario
December 23, 2003