In the Matter of the Employment Insurance Act, S.C. 1996, c. 23
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In the Matter of a claim for unemployment benefits by
Cynthia Vaz
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In the Matter of an Appeal by the Claimant
from tire decision of a Board of Referees given
at Mississauga, Ontario on July 5, 1999
Appeal heard at Toronto, Ontario on April 14, 2000
R. C. STEVENSON, UMPIRE:
Mrs. Vaz appeals from the decision of a Board of Referees dismissing her appeal from a Commission ruling that she was disqualified from receiving unemployment benefits because she had voluntarily left her employment without just cause.
Mrs. Vaz left her employment at the end of January 1999. She had given notice to her employer six weeks earlier and during that time trained her successor.
Mrs. Vaz' husband was seriously injured when he was run down by a car in December 1997. His injuries included a brain injury. His long period of recuperation and rehabilitation is detailed in Mrs. Vaz' letter of appeal to the Board of Referees (exhibit 10). She visited him daily while he was in hospital and, following his discharge, had to take him regularly to doctors and hospitals for treatments and checkups. His personality change created stress at home. Suffering from stress and depression, Mrs. Vaz took a four week sick leave in April 1998. There is medical evidence in the record attesting to the stress she was under.
The Board of Referees considered that Mrs. Vaz had not attempted to discuss her situation with her employer but assumed another leave of absence would be refused. It also noted that she continued to work after giving notice and said "This, in the Board's opinion does not constitute an environment that was considered intolerable."
The Board of Referees erred in law in failing to consider whether the stress from which Mrs. Vaz was suffering was so severe that, having regard to all the circumstances, she had no reasonable alternative to leaving her employment. There is a clear preponderance of evidence in the record that such was the case. Thus the Board's finding that Mrs. Vaz did not have just cause to leave her employment was an erroneous finding of fact that the Board made without regard for the material before it.
The appeal is allowed and the disqualification is set aside.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
April 28, 2000