Canada ( Attorney General ) v. Patterson
A-765-95
Robertson J.A.
23/10/96
4 pp.
Application for judicial review of Umpire and Board of Referees' decision respondent not voluntarily leaving employment without just cause within meaning of Unemployment Insurance Act, s. 28(1)-Respondent employed as cashier with Canada Safeway Ltd.-Voluntary buy-out or severance package of $24,000 offered to her-Respondent left job with Safeway on February 19, 1994, received severance pay of $24,000 and applied for benefits-Planning to join husband once school year ending in June-Commission denying claim for benefits on ground respondent voluntarily left employment without just cause-Decision reversed by Board of Referees, Umpire-S. 28(1) not permitting respondent to claim benefits once decided to leave employment with Safeway and accept severance package-In absence of separate just cause, claimant barred from receiving benefits under s. 28(1) if leaves job early, at date not within reasonable proximity to date of event representing just cause for voluntarily leaving employment-Respondent placing risk of unemployment on insurance scheme-No guarantee respondent would be moving when left employment with Safeway-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28(1),(4)(b).