Canada ( Attorney General ) v. Quinn
A-175-96
Isaac C.J.
2/7/96
3 pp.
Judicial review of Umpire's decision respondent leaving employment with just cause-Respondent registered nurse working at various hospitals in Newfoundland for over 32 years-Upon learning Provincial Government threatening to eliminate severance pay provisions in collective agreement under negotiation effective April 1, 1994, respondent, fearing would lose severance pay of $14,000, resigning effective March 14, 1994-Commission denying application for unemployment insurance benefits on ground left employment without just cause-Board of Referees reversed Commission's decision, holding s. 28(4)(f),(m) applicable-Holding appellant sincerely felt could obtain other suitable employment and felt undue pressure to resign as impending penalty too much to bear-Umpire holding no error of law-Application allowed-S. 28(4)(f), (m) not applicable since record not disclosing at time of resignation respondent having "reasonable assurance of another employment in the immediate future" or undue pressure by employer to leave employment-When new collective agreement signed January 1, 1995 provision respecting severance pay not removed-Resignation precipitous, not constituting just cause within s. 28-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28(4) (as am. by S.C. 1993, c. 13, s. 19).