In the Matter of the Employment Insurance Act,
and
In the Matter of a claim for unemployment benefits by
Fay L. Banks
and
In the Matter of an Appeal by the Claimant from the decision of a Board of Referees given at Fredericton, New Brunswick on December 3, 2002
DECISION
R. C. STEVENSON, UMPIRE:
Ms. Banks has requested that her appeal be decided on the basis of the documents filed. She appeals from the decision of a Board of Referees dismissing her appeal from a ruling of the Commission that she was disqualified from receiving unemployment benefits because she had voluntarily left her employment without just cause.
Ms. Banks had worked for 22 years as executive assistant to G. Wallace F. McCain, at McCain Foods in Florenceville, New Brunswick before 1995, and in Toronto with Maple Leaf Foods from April 24, 1995 until October 18, 2002 when she resigned and moved to her hometown - Woodstock, New Brunswick.
The record discloses two factors in Ms. Banks decision to leave her job. Her children and grandchildren are in New Brunswick and she wanted to be closer to them. She was suffering from stress associated with commuting from her residence in Ajax to her employer's office in Toronto. She lived in Ajax because she could not afford a residence in Toronto. Initially she drove to and from work, a 60 to 90 minute commute each way. Stress weakened her immune system. On her doctor's advice she was on a month's bed rest in December 1999. She then began commuting by train, subway and bus which was also stressful. She unsuccessfully sought employment closer to her residence. She did not mention health problems when she applied for unemployment benefits but explained that omission to the Board of Referees. In her written submission she said she was then in process of obtaining a letter from her doctor. She has submitted to me a note from her doctor in Ajax confirming that she had been advised to find other employment closer to home. As mentioned already, she was not successful in finding such employment.
The Board of Referees said Ms. Banks did not leave her employment on the advice of her physician. It also said;
Section 29(c)(i) through 29(c)(xiv) of the Act states in order to have just cause the claimant must have no reasonable alternative to leaving or taking leave, having regard to all the circumstances.
The Board concluded Ms. Banks made a personal decision to return to New Brunswick.
Any decision to leave an employment is personal. While the board correctly noted the test for just cause as being that one must have no reasonable alternative to leaving having regard to all the circumstances, I do not understand its reference to subparagraphs (i) to (xiv) of paragraph 29(c) of the Employment Insurance Act. Those subparagraphs enumerate a list of circumstances that may be considered but it is not an exhaustive list and none of those specific circumstances applies to Ms. Banks.
In my view the Board of Referees erred in giving too much weight to Ms. Banks' decision to move to New Brunswick when she left her job. The stress from which she was suffering was corroborated by Mr. McCain's letter (exhibit 11). The Board of Referees failed to give sufficient weight to the evidence of stress and made its decision that Ms. Banks did not have just cause without regard for that evidence. Ms. Banks had just cause to leave her employment - her move to New Brunswick was a consequence of leaving rather than the principal reason for it.
The appeal is allowed and the disqualification is set aside.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
August 5, 2003