CUB 46699

IN THE MATTER of an appeal by the Claimant to an Umpire
from a decision by the Board of Referees given
at Edmonton, Alberta, on December 11, 1998.

DECISION

The claimant filed this appeal. A Board of Referees affirmed a decision of the Employment Insurance Commission that claimant voluntarily left his employment with the High Level Friendship Centre on September 4, 1998, without just cause.

The claimant, following receipt of notice of the hearing of his appeal, advised the Office of the Umpire by letter dated August 26, 1999 that he would be unable to attend due to the illness of his father and because his mother is legally blind he is the sole caregiver. The Assistant Registrar was, thereafter, informed claimant would submit a written submission - which has not been forthcoming. Claimant resides at Fort Chipewyan, Alberta which is located near the north eastern tip of the province - a considerable long distance from Edmonton. I have therefore, decided to deliver a decision on the record despite claimant's original request that the appeal be rescheduled.

The claimant commenced employment with the Friendship Centre on January 1, 1996 and he left on September 4, 1998, following the engagement by the Centre of a new Executive Director in January 1998. Claimant's official position, according to evidence provided by a former Executive Director, was Maintenance Supervisor.

In his letter of resignation claimant thanked the Friendship Centre for his years of service and that letter was interpreted to mean claimant was not unhappy with his job when he resigned. It should be observed, however, that the major part of the claimant's employment was served before the new Executive Director took over.

The basis of the decision of the Board of Referees is that the claimant's employment had not become so intolerable that he had no alternative but to quit before finding alternate employment.

The Board, in my view, did not give full recognition to the reasons given by the claimant for leaving his job which were supported by evidence provided from the previous Acting Executive Director. Rather than trying to paraphrase claimant's written submissions I find it more convenient to quote a portion thereof. He said:

"I feel I had just cause to quit. I had worked at the High Level Friendship Centre since January 1996. The new Executive Director came to the Centre in January of 1998. At that time, there were two janitors. Shortly after, the other janitor was laid off. I was expected to do all the cleaning and maintenance at the same rate of pay, with little consideration for requests for better cleaning supplies and equipment. In the summer months, there were only three full time employees at the Centre. In addition to my janitorial duties, the phones needed to be answered, mail runs needed to be done, Board meeting packages had to be delivered, food bank hampers needed to be delivered, and this was all over and above my janitorial job. The Executive Director chose not to acknowledge the efforts I put into these extra duties, and complained about my work ethics on a daily basis. There were many verbal disscussions about these problems that led to no where. I saw no other alternative than to leave my position. I am enclosing a letter from a former colleague, who at one time served as the Acting Executive Director at High Level Native Friendship Centre."

Pursuant to the Employment Insurance Act, section 29 ss. (c)(ix) provides as follows:

(c) just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances, including any of the following:

(ix) significant changes in work duties,

The evidence provided in writing by the previous Acting Executive Director reads:

"I worked with Lloyd Boucher at the High Level Native Friendship Centre for the past 13 years. My position there was Program Manager and for 3 months I was the Acting Executive Director.

During that time I found Lloyd to be dependable, punctual and he always did work that was above and beyond his job description. All work was done to the best of his abilities and considering the lack of proper maintenance and cleaning equipment the Centre was well maintained. As far as I could tell through conversations, he and other staff were happy with their jobs and there for the long term.

However, the advent of a new Executive Director brought about changes in the workplace. The stress level went up, staff that until this time worked together as a team became to bicker and swear at each other..

I think this combined with the disrespectful treatment of staff and clients/visitors by the Executive Director made the centre an impossible place to work in."

The evidence submitted by the claimant, and on his behalf, was disregarded by the Board and that evidence, in my view, supported claimant's decision to leave his employment with just cause. The additional duties he was required to perform under the new Executive Director created a significant change of work duties and the difference in the work atmosphere left claimant no alternative to leaving. It is of particular significance that claimant was left alone to do the janitorial services formerly performed by two of them and at the same time he was expected to perform duties over and above his janitorial commitments. Working conditions had become manifestly unsatisfactory.

With due respect, I am of the opinion that the Board of Referees arrived at its decision without regard for the material before it and it erred in its disregard of section 29 ss. (c)(ix).