Rutherford v Payan – 10.33

Rutherford v Payan
Digest no. 10.33

Section 29(1)(a)

Cite as: Rutherford v Payan, unpublished opinion of the Court of Appeals, issued July 15, 1986 (Docket No. 87265).

Appeal pending: No
Claimant: Barbara R. Rutherford
Employer: Ardeshir Mofahkam Payan
Docket no.: B82 18102 91682W
Date of decision: July 15, 1986

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COURT OF APPEALS HOLDING: Personal problems which result from reasonable and ordinary work requirements will not support a finding of good cause attributable to the employer.

FACTS: The time demands of the claimant’s employment were such that they caused her spouse to become suspicious that the claimant was having an affair with her employer. As a result the claimant’s husband became angry and resentful. The husband eventually demanded that the claimant leave her employment and she did so.

DECISION: The claimant is disqualified for benefits under the voluntary leaving provision of the MES Act, Section 29(1)(a).

RATIONALE: While the claimant had marital and domestic problems which resulted from demands of her job it cannot be said that the claimant’s personal problems were directly attributable to the employer. Rather, it would seem as if any employment would have caused the same difficulties and therefore there was no distinct connection between the claimant’s personal problems and her work. Further, even if there had been, it is questionable whether personal problems which are not directly incident of work place responsibilities can form a basis for a finding of good cause.

Digest Author: Board of Review (view original digest here)
Digest Updated: 11/90