In the Matter of the Employment Insurance Act, S.C. 1996, c. 23
and
In the Matter of a claim for unemployment benefits by
Patrick Townrow
and
In the Matter of an Appeal by the Claimant from the decision of a Board of Referees given at Edmonton, Alberta on October 25, 2002
Appeal heard at Edmonton, Alberta on November 26, 2003
DECISION
R. C. STEVENSON, UMPIRE:
Mr Townrow appeals from the decision of a Board of Referees dismissing his appeal from a ruling of the Commission that he was disqualified from receiving unemployment benefits because he had voluntarily left his employment without just cause.
Mr. Townrow, who lives in Edmonton, accepted employment in Nisku, some 35 km south of Edmonton. His automobile developed a serious radiator problem which he could not afford to have repaired. No alternative transportation to and from work was available. Taxi fare would have exceeded his daily gross earnings. No living accommodations were available in or near Nisku.
The Board of Referees said transportation was Mr. Townrow's responsibility and that he had not established just cause to leave his employment.
The test for determining just cause is, whether having regard to all the circumstances, a claimant had no reasonable alternative to leaving the employment.
Mr. Townrow had no reasonable transportation alternatives. There was no way he could have looked for other work before quitting his job.
The Board of Referees erred in law and in fact in finding that just cause did not exist in this case.
The appeal is allowed and the disqualification is set aside.
RONALD C. STEVENSON
Umpire
EDMONTON, ALBERTA
November 26, 2003