[2013] 2 F.C.R. D-5
EMPLOYMENT INSURANCE
Judicial review of decision of Umpire (CUB 78444) upholding decision of Board of Referees allowing appeal against refusal, by Employment Insurance Commission, of respondent’s claim for employment benefits because respondent voluntarily left one of two jobs without just cause, departure not only reasonable alternative in respondent’s case—Respondent holding two part-time jobs during qualifying period—Leaving first job voluntarily to take course—Respondent later quitting second job to accept employment with Centre de santé et de services sociaux (CSSS)—Following decision by CSSS, respondent starting several weeks later than anticipated—Respondent’s claim for employment benefits covering intervening period—Applicant arguing that employee leaving one of multiple concurrent jobs without just cause under Employment Insurance Act, S.C. 1996, c. 23, s. 29(c) disqualified from benefits unless, since leaving employment, having worked minimum number of insurable hours to receive benefits—Whether Umpire erring in law by failing to consider whether voluntary departure without just cause under Act, ss. 29, 30—Canada (Attorney General) v. Trochimchuk, 2011 FCA 268 not determinative regarding employment insurance benefits for claimants holding more than one job concurrently—Respondent creating neither risk nor certainty of unemployment by voluntarily leaving one of two jobs—Under Act, s. 18, respondent “capable of and available for work” since still performing other job—Applicant’s position putting at risk persons holding concurrent employment who choose to leave one job voluntarily—Without demonstration of one of situations in s. 29(c), employee’s decision can never meet “only reasonable alternative” test—Based on applicant’s position, maintaining status quo, never leaving either of concurrent jobs to avoid running risk of disqualification from benefits only reasonable alternative for respondent—Act not requiring beneficiaries to hold more than one job at once—In this case, respondent having just cause to leave first job voluntarily, knowing he remained employed—Respondent leaving second job only after securing new position—Respondent’s voluntary departure justified according to Board—Application dismissed.
Canada (Attorney General) v. Marier (A-65-12, 2013 FCA 39, Trudel J.A., judgment dated February 15, 2013, 15 pp.)