TRANSLATION
IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
ZEKE McMURRAY
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IN THE MATTER of an appeal to an Umpire by the Employment Insurance Commission of Canada of the decision of a Board of Referees given in Sherbrooke, Quebec, on October 12, 2006
DECISION
R.J. Marin J.
[1] This appeal by the Commission was heard in Sherbrooke on August 30, 2007. The claimant was duly notified but did not attend. I heard the Commission's appeal in absentia.
[2] The claimant was a member of the Canadian Forces Reserve and then joined the Regular Force. He had thought about serving in Afghanistan. However, he did not actually serve there. People were being transferred and, at a certain point in time, he chose to end his contract with the Regular Force and leave his employment because of his transfer.
[3] Needless to say, a person who enrols in the Canadian Forces, whether it be reserve or regular, cannot give as reason for resignation that his or her military transfer was not acceptable. It is a basic condition of service in the reserve and regular forces that a person accept a transfer. In the Reserve Force, members do not have the option to leave the Forces because of a transfer they do not like. An unwanted transfer is not just cause for leaving an employment. There is a grievance system in place for such complaints. A military member does not initiate his own unemployment for such a reason. If the member should do so, he or she does not qualify for Employment Insurance benefits.
[4] The Board was misled with respect to the facts and the law. I am intervening to quash its decision and to allow the Commission's appeal and uphold its position.
R.J. MARIN
UMPIRE
OTTAWA, Ontario
September 17, 2007