CUB 38444

IN THE MATTER of an appeal to an Umpire by the claimant from a
decision by the Board of Referees given at Prince George,
British Columbia, on November 21, 1995.

DECISION

This is an appeal by the claimant from a majority decision of the Board of Referees which held he voluntarily left his employment without just cause.

Mr. Connon was employed with the Grand River Conservation Authority in Cambridge, Ontario, from December 20, 1994, until July 4, 1995, at which time he left his employment in order to accept a temporary position with the British Columbia Ministry of Forests. The stated termination date of this latter position was August 31, 1995. However, the claimant was advised that employment possibilities past that date were good and that an extension into the autumn months was feasible. He was also told that several people were being hired by the Ministry for permanent employment.

The claimant was laid off on August 31, 1995, and applied for unemployment insurance benefits. The Commission determined that since Mr. Connon had left a permanent position with the Grand River Conservation Authority for a temporary job with the B.C. Ministry of Forests, he had voluntarily left his employment without just cause and was therefore not entitled to benefits.

Mr. Connon appealed to a Board of Referees. The majority dismissed his appeal stating its reasons in part as follows:

Claimant made a personal choice to go back to work in forestry and as he stated "took a chance" that there would be ongoing work in the B.C. Forestry Industry when the short term position ended. He has shown that he had "good reasons" for making the decision he did, they do not however constitute 'just cause" as required by the U.I. Act. He had the reasonable alternative of remaining employed in Ontario until such time as he was able to secure a permanent position in B.C.

The decision to voluntarily leave a permanent job for temporary employment is a sound solution for a claimant and be with just cause when 1) the temporary employment lasts for some months - in this case 10 weeks 2) the temporary employment was more advantageous in terms of wages or working conditions when compared to the permanent employment - in this case the claimants working conditions in the permanent employment were stressful enough to cause health problems, (exhibit #11) which in itself would be just cause under Subsection 28(4) of the Act to leave the employment. Rather than take this route the claimant found less stressful employment in B.C. 3) the temporary employment was for an established and bone fide employer where there were good opportunities to apply for other positions once here, or to be extended or rehired shortly - Employment was with B.C. Ministry of Forests in an occupation which the claimant had training and job experience, and where once there, was available to apply for in house jobs with the Ministry, and has a reasonable assurance to be rehired, for this claimant and these reasons I find that the claimant does have just cause for leaving his employment with Grand River Conservation Authority and would allow the appeal.

At the hearing of this matter, I allowed Mr. Cannon's appeal for the following reasons.

Whether a claimant has voluntarily left his employment without just cause is a question of fact to be determined on the basis of the special circumstances of each case. Here, the claimant left his position with the Grand River Conservation Authority only after he had procured another job with the B.C. Ministry of Forests. Although that job was temporary in nature, it was clear from the outset that further employment was possible and that individuals were being hired by the Ministry for permanent positions. In my view, the requirement imposed by the Commission, that the alternative employment be permanent in nature, is not consistent with the intent or spirit of the Unemployment Insurance Act. Mr. Connon did precisely what was expected of him and as a result he is now permanently employed with the B.C. Ministry of Forests.