EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Peace
A-97-03
2004 FCA 56, Sexton J.A.
5/2/04
11 pp.
Judicial review of Umpire's decision allowing appeal from Board of Referees' decision respondent disqualified from receiving benefits under Employment Insurance Act, s. 30(1) because voluntarily left employment without just cause-- Respondent resigning when employer announcing 10% reduction in salaries for 2002--Act, s. 29(c) providing just cause to leave job if no reasonable alternative, taking into account enumerated circumstances--That those circumstances resembling grounds for common law concept of constructive dismissal not meaning where such grounds exist not voluntary leaving--Concept of constructive dismissal entitling but not requiring employee to treat employment contract as ended-- Not relating to issue of voluntariness under Act, where only question whether employee had choice to stay or leave-- Respondent had alternatives including staying at job while looking for other employment and exercising stock options offered as compensation for salary reduction--Umpire erred in not addressing standard of review to be applied to Board's decision--Standard of review reasonableness simpliciter-- Decision unreasonable only if no line of analysis reasonably leading tribunal from evidence to conclusion--Board's decision not unreasonable--Board mindful of s. 29(c) outlining what constitutes just cause--Application allowed-- Employment Insurance Act, S.C. 1996, c. 23, ss. 29(c) (as am. by S.C. 2000, c. 12, s. 108), 30(1).