IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
J.R.
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IN THE MATTER of an appeal to an Umpire by the employer, Teddy’s Food, Fun & Spirit from a decision by the Board of Referees given on
May 26, 2010 at St. Catharines, Ontario
L.-P. LANDRY, Umpire
The claimant’s former employer appeals from a decision of the Board of Referees confirming the Commission’s decision to the effect that the claimant voluntarily left her employment with just cause.
The employer, although duly notified, did not appear at the hearing set before the Umpire for January 18, 2011 at Hamilton, Ontario.
The claimant was present.
On October 8, 2009 the claimant resigned from her employment. In her letter of resignation the claimant underlined the various reasons leading to her decision (Exhibit 8-7). In this letter she raised the fact that her Friday shift had been given to another employee thus reducing her working hours considerably. She further alleged harassment by the new manager, the husband of the owner.
Before the Board the employer testified and denied the claimant’s allegations.
The Board identified the issue in this case as a question of dismissal for misconduct. In that context, the Board after a review of the evidence concluded that both the claimant and the employer provided credible statements. The claimant was given the benefit of the doubt and the Board concluded that the claimant did not lose her employment by reason of her misconduct.
This decision of the Board implies that the Board also concluded that the evidence of the claimant pertaining to her reasons for leaving her employment is credible. By necessary implication I must conclude that the Board confirmed the Commission’s decision.
For those reasons the appeal is dismissed.
L.P. Landry
UMPIRE
Gatineau, Quebec
January 27, 2011