EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Laughland
A-76-02
2003 FCA 129, Létourneau J.A.
11/3/03
6 pp.
Judicial review of Umpire's decision dismissing applicant's appeal against Board of Referees' (Board) decision-- Respondent claimed benefits after leaving employment after employer discussed laying respondent off, closing business-- Found opportunity to get better job, provided first attended training institute--Board, Umpire misapplied test (whether leaving employment with just cause) applicable to facts of present case--In determining whether just cause to leave employment, Board required to determine whether no reasonable alternative to leaving, having regard to all circumstances--Undue pressure by employer to leave only relevant consideration herein--Therefore, pressure had to be such that respondent left with no reasonable alternative but to leave--Obviously, Board failed to ask proper question--As for Umpire, did not canvass at all Board's consideration of "undue pressure" as consideration for just cause--Umpire also confused good cause with just cause and did not question absence of discussion of reasonable alternative to leaving employment--Instead, Umpire addressed whether respondent had reasonable assurance of another employment in immediate future--Board and Umpire could not have found just cause to leave employment if applied proper test-- Nothing in evidence suggests respondent could not have stayed in employment until termination while at same time looking for another job--Leaving employment voluntarily to take training course not authorized by Commission not "just cause"--Application allowed.