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
Paulette Pearson
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In the Matter of an Appeal by the Claimant from the decision of a
Board of Referees given at New Glasgow, Nova Scotia
on November 23, 2001
Appeal heard at Sydney, Nova Scotia on September 5, 2002
R. C. STEVENSON, UMPIRE:
Ms. Pearson appeals from the decision of a Board of Referees dismissing her appeal from rulings by the Commission that (1) she was disqualified from receiving unemployment benefits because she had voluntarily left her employment with Justin Restaurants Inc. (McDonald's) without just cause and (2) that she was not entitled to receive benefits because she had not proved that she was available for work.
Ms. Pearson enrolled in a hospitality course at the Marconi campus of the Community College. She intended to continue working for Justin Restaurants while taking the course. Because enrolment was inadequate the course was cancelled and Ms. Pearson had the options of transferring to either the Halifax or Port Hawkesbury campus. She transferred to Port Hawkesbury which is about 90 minutes distant from the Sydney area. She had to give up her job with Justin restaurants. She stayed in Port Hawkesbury during the week and on the weekends did unpaid course assignments working at hotels and the Legion in Sydney.
This is not a case where the claimant simply left her job to return to school. If the course had been offered at the Marconi campus Ms. Pearson would have continued working. The Board of Referees erred when it failed to consider the unique circumstance of the course cancellation. Having regard to that and all the circumstances I conclude that Ms. Pearson had just cause to leave her employment. There was no reasonable alternative if she was going to pursue the hospitality course.
Unfortunately, however, on the availability issue I cannot find that the Board of Referees erred in law or in principle or that it based its decision on any erroneous finding of fact.
The appeal is allowed with respect to the disqualification but dismissed with respect to the disentitlement.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
September 13 2002