BERRY BACKDATING

Published on : 2017-04-22 02:51:56

The Umpire determined that the claimant had no one else to turn to with her complaints as the previous employer was gone. The claimant was working as a carpenter handling steel pipes at considerable heights and was very concerned about having a seizure and dropping a pipe on someone below him. Considering safety is an important issue, the claimant should be commended for working in unsafe conditions while trying to obtain training and trying to make safety improvements wherever he could. The corporation was not entitled to accept the claimant s resignation and reject the conditions. He felt that he had no other alternative but to take the buy-out so he and his wife could move to be closer to her mother. He also went on to indicate that before he left his employment he applied for four other jobs as well as three jobs since he left his employment. The Umpire was satisfied that the claimant was told by his doctor to avoid the work place and seek change. The appeal was returned to a newly constituted Board. There was no evidence of claimant s health problems but her complaint was the dangers which the second hand smoke could be to her health. She also had to hire a babysitter at night for the two girls, but after the costs of transportation and babysitting were deducted, the claimant was not coming out ahead by only working four hour shifts. The Umpire found that the non-payment for services rendered to an employee who works on an hourly or weekly basis is unacceptable. 00 an hour for an eight hour day means a reduction of $16. The Board did not err and they made a reasonable conclusion based upon the evidence before them. The Umpire is quoted as saying: Whether one does enough to raise awareness of an unacceptable situation is always a difficult matter to assess. The employer did not want to lay anyone off, but suggested the workers request leave without pay during the holidays. She was under stress and had to put up with hurtful words from her employer who criticized her work. The claimant moved from New Brunswick to Vancouver to be employed as a legal secretary then two and a half years later she moved back to New Brunswick to be married. The Board of Referees in their decision determined that claimant s version of facts appeared more valid than the employer s and allowed the appeal.

Later in the [EI] form, there is a space for explaining the reasons for relocating which is predominantly devoted to circumstances involving a move necessitated by a claimant following a spouse due to transfer or new employment. Appellant: Cory Goreham Date: 2002 CUB 57358 Umpire Decision - The reason given by both the employer and claimant as to why the claimant quit was that there was no longer a trusting bond between the two women. The employer then hired a supervisor who, far from easing her work, made it even more complicated by all sorts of irritants. The immediate future could be taken to mean a month or two. She was asthmatic and cleaning supplies caused her health problems. The employer states that the claimant didn t discuss anything before she quit, and that if hours had been the problem something could have been arranged. Prior to working with the employer, the claimant had been terminated from his employment with an electrical company, due to work shortages. Also, the Commission stated that there was a two year recall right to any laid-off employee by union regulations. The question is whether she had no reasonable alternative. Appellant: Commission Date: 2007 CUB 69262 Umpire Decision - The claimant had been suffering from a chronic illness. The employer advised that they did offer the claimant modified duties which she would be capable of completing, but she refused. Appellant: Jean-Claude Mallet Date: 2002 CUB 56569 Umpire Decision - The evidence shows that the claimant was hired in the understanding that he would work 15 days on followed by 6 days off. His employer had terminated his employment in his absence. Appellant: Veronica Gagnon Date: 2001 CUB 54485 Umpire Decision - The Commission is appealing the decision that the claimant did not have just cause when quitting her employment with the RCMP. The claimant says that she left her employment because her expenses outweighed her income. The Board did not consider the fact that the claimant had been employed there for three years. The employer was of the view that the claimant did not have the skills of the male employees and therefore was paid less. The employer denied any such conduct claiming that she was making her accusations for monetary gains.

They will hire people part time or casual and will promote them to full time when they have proven themselves. He had been on the course the preceding year as an approved student and it is not disputed that a Commission employee indicated to him that he would be approved again. Appellant: Mary-Catherine Marcellus Date: 1995 CUB 38050 Umpire Decision - The claimant moved to a new city to be closer to her child.
. Gardner Date: 1996 CUB 34440 Umpire Decision - The claimant left her employment to follow her fiancé, with whom she had cohabited with on numerous occasions but not in a defined common law situation. This case is very similar to CUB 21694 Umpire Decision and the Umpire in this case followed the decision in that case. The claimant refused this offer stating the problems that she had with her supervisor. Bendl was subjected to were more than harassment but were plain abuse. The Commission ruled it was not a justified departure from employment and excluded her from benefits. Appellant: Commission Date: 2003 CUB 65632 Umpire Decision - The claimant was employed as parts manager when she left her employment. The Board also took the position that a doctor could only give medical evidence, which was wrong berry backdating. It does not mean that a person will have a job waiting for them. While he was employed he developed a fear of heights, his fear was so great that he was unable to discuss it with anyone. During the period of time that the claimant was finishing her degree, the claimant accepted all shifts that were made available to her even missing school at times. The cost of a babysitter would have cost her anywhere from $5. The claimant tried to rectify the situation with his two bosses but nothing became of it. Appellant: Rochester Aluminum Smelting Canada Ltd. Appellant: Mark Harlick Date: 2003 CUB 62871 Umpire Decision - The claimant, who resided in Saskatoon in the spring season of 1999, accepted employment with a company from Winnipeg, at an annual salary of $35,000. .


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