IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT
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IN THE MATTER OF a claim by
KEVIN C. RUDDERHAM
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IN THE MATTER OF an appeal to an Umpire by the
claimant from a decision of the Board of Referees given on
the 20th day of December, 2001 at Kentville, Nova Scotia
Hon. R. KRINDLE, UMPIRE
This is an appeal by the claimant from a decision of the Board of Referees finding that the claimant was disentitled to benefits because he had voluntarily left his employment without just cause. At the request in writing of the claimant and with the consent of the Commission, this appeal was heard on the record.
The claimant initially tendered his resignation to his employer, Bluenose Atlantic Coastal Action Program, believing he had assurance of other employment and knowing that his existing contract with Bluenose Atlantic was nearing an end. That other employment did not materialize. The Board of Referees found that the claimant had voluntarily left his employment by tendering his resignation without just cause and was therefore disqualified from receiving benefits.
I do not intend to deal with the issue whether or not the claimant had just cause to leave at the point that he tendered his resignation. Subsequent events resulted in his re-employment with the original employer. When the anticipated new employment did not materialize, the claimant immediately returned to his former employment and in fact completed the project. It is only for the period following the completion of the project that the claimant is seeking benefits.
I am satisfied that the Board of Referees erred when it found that the claimant had voluntarily left his employment within the meaning of the Act. There may have been a voluntary leaving, but in very short order, obviously with the consent of his original employer, he resumed his employment. Any prior termination of employment thereby ended. The lack of employment which underpins this claim relates to the period of time which occurred upon the completion of the project. The claimant's leaving his employment at the conclusion of the project was not a voluntary leaving at all. He left because the project for which he had been hired was complete.
The decision of the Board of Referees fails to consider the fact that, subsequent to the voluntary resignation of the claimant, by agreement between the employer and the claimant, the claimant resumed his employment with his employer. The claimant fully completed his contract with the employer. His ultimate lack of employment had nothing to do with his having voluntarily left his employment.
The appeal from the decision of the Board of Referees is allowed. The claimant did not voluntarily leave his employment without just cause. He left his employment because his contract of employment ended.
"R. KRINDLE"
UMPIRE
OTTAWA, Ontario
DECEMBER 9, 2002