In the Matter of the Employment Insurance Act,
and
In the Matter of a claim for unemployment benefits by
Susan Nason
and
In the Matter of an Appeal by the Claimant from the decision of a Board of Referees given at Fredericton, New Brunswick on January 30, 2003
Appeal heard at Fredericton, New Brunswick on June 18, 2003
DECISION
R.C. STEVENSON, UMPIRE:
Ms. Nason appeals from the decision of the majority 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 in October 2002 without just cause.
Ms. Nason was employed at the Sobey's Store in the Brookside Mall in Fredericton. She left her job because her responsibilities had been increased which, combined with her mother's illness, caused stress. There is medical evidence that she was treated for depression in June 2002 and was under stress in the fall of that year. In November she was on medication for "adjustment disorder and depressed mood."
Ms. Nason gave her employer two weeks' notice of her resignation. The employer offered to transfer her to another position which she declined. She did not ask for a leave of absence.
While there is no evidence that her doctor had advised her to leave her job, the preponderance of evidence is to the effect that Ms. Nason was under severe stress both at and away from work. The finding of the majority of the Board that discussing a leave of absence was a reasonable alternative was made without regard for that evidence.
The appeal is allowed and the disqualification is set aside.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
August 5, 2003