Voluntary Leaving

Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer



  1. Did claimant leave voluntarily?
  2. Did claimant have just cause?
  3. Should a disqualification?.. or disentitlement apply?

References

Legal test


 
"No reasonable alternative to leaving the employment, having regard to all the circumstances" - paragraph 29(c) of the Act   Employment Insurance Act.

Onus of proof


 
  1. Commission must show that the claimant left employment voluntarily
  2. Claimant must show just cause for leaving his employment, that is, considering all circumstances, the claimant had no reasonable alternative to leaving.
    PATEL  A-274-09 Judgment Of The Federal Court Of Appeal, BELL A-450-95 Judgment Of The Federal Court Of Appeal, LANDRY A-1210-92 Judgment Of The Federal Court Of Appeal.
Benefit of doubt
Conflicting evidence should be resolved by accepting the evidence which is reasonable reliable and credible having regard to the circumstances. If the evidence on each side of the issue is equally balanced, the Commission shall give the benefit of doubt to the claimant - subsection 49(2) Employment Insurance Act. ALCUITAS A-472-03 Judgment Of The Federal Court Of Appeal, CUB 39868 Board Of Referees Decision, CUB 39640 Board Of Referees Decision.

Key Case Law


 

*YEO A-271-10: The claimant resigned due to his parental responsibilities. The Federal Court of Appeal allowed the Commission’s appeal stating: “He did not show that he was unable to hire someone for the hours necessary to meet the children and take them to their after-school activities. Nor had he explored with his employer the possibility of a temporary leave of absence to look for another job, or sought some accomodation from his employer that would have enabled him to attend job interviews while still employed.”

IMRAN A-104-07 Judgment Of The Federal Court Of AppealLAUGHLAND A-76-02 Judgment Of The Federal Court Of Appeal, ASTRONOMO A-141-97 Judgment Of The Federal Court Of Appeal, BELL A-450-95 Judgment Of The Federal Court Of Appeal:  Legal test for just cause. TANGUAY A-1458-84 Judgment Of The Federal Court Of Appeal, MCCARTHY A-600-93 Judgment Of The Federal Court Of Appeal:  Meaning of "just cause" vs good reason or motive.

IMRAN A-104-07 Judgment Of The Federal Court Of Appeal: Voluntary leaving to find employment in his field of expertise does not constitute the reasonable assurance of other employment. BORDAGE A-506-04 Judgment Of The Federal Court Of Appeal: The offer of a course does not equate to an offer of employment. SACREY A-123-03 Judgment Of The Federal Court Of Appeal: Reasonable assurance of other employment.

HERNANDEZ A-594-06 Judgment Of The Federal Court Of Appeal, BELL A-450-95 Judgment Of The Federal Court Of Appeal, ASTONOMO A-141-97 Judgment Of The Federal Court Of Appeal:  Necessity of considering the "no reasonable alternative" test

MULLIN A-466-95 Judgment Of The Federal Court Of Appeal, RUST A-650-95 Judgment Of The Federal Court Of Appeal:  Voluntary leaving to relocate with spouse

THOMPSON A-26-06 Judgment Of The Federal Court Of Appeal, CLOW A-260-04 Judgment Of The Federal Court Of Appeal: Voluntary leaving to follow common-law spouse. Common-law relationship must be "at least one year", 10-11 months does not meet the definition.

THOMAS A-673-02 Judgment Of The Federal Court Of Appeal, LAURIN A-784-99 Judgment Of The Federal Court Of Appeal, LANDRY A-1210-92 Judgment Of The Federal Court Of Appeal, DUECK A-535-96 Judgment Of The Federal Court Of Appeal:  Voluntary leaving to follow friend/fiance

CHAFE A-734-95 Judgment Of The Federal Court Of Appeal:  Voluntary leaving job in Vancouver to move to Newfoundland to care for ill father.

*MACLEOD A-96-10: Voluntarily leaving one’s employment to undertake studies does not consitute “just cause”.

*WILLIAMS A-107-10: The claimant did not meet the conditions set out in Regulation 51 to be approved under the Workforce Reduction program.

*LANGEVIN A-262-10: The fact of leaving its employment to improve its situation does not constitute a justification within the meaning of the subparagraph 29c) Employment Insurance Act.

BEAULIEU A-465-07 Judgment Of The Federal Court Of AppealCARON  A-322-06 Judgment Of The Federal Court Of AppealCÔTÉ  A-562-04 Judgment Of The Federal Court Of Appeal, GAUTHIER  A-552-03 Judgment Of The Federal Court Of Appeal, LAMONDE  A-566-04 Judgment Of The Federal Court Of Appeal, BORDAGE A-506-04 Judgment Of The Federal Court Of Appeal, BÉDARD A-20-03 Judgment Of The Federal Court Of Appeal, BAIROS A-433-02 Judgment Of The Federal Court Of Appeal, CONNELL A-46-02 Judgment Of The Federal Court Of Appeal, SHAW A-41-02 Judgment Of The Federal Court Of Appeal, LESSARD A-249-01 Judgment Of The Federal Court Of Appeal, COUTURE A-230-01 Judgment Of The Federal Court Of Appeal, VAN ASTEN A-136-01 Judgment Of The Federal Court Of Appeal, WALL A-54-01 Judgment Of The Federal Court Of Appeal, BOIS A-31-00 Judgment Of The Federal Court Of Appeal, FUREY A-819-95 Judgment Of The Federal Court Of Appeal, STEVENS A-599-95 Judgment Of The Federal Court Of Appeal, WEST A-349-95 Judgment Of The Federal Court Of Appeal, BARNETT A-37-96 Judgment Of The Federal Court Of Appeal Voluntary leaving one's employment to return to school. Consideration given to the circumstances at the time the claimant left the job

CAMPEAU A-57-06 Judgment Of The Federal Court Of Appeal: Sincerity and inadequate income do not constitute just cause.

TREMBLAY A-50-94 Judgment Of The Federal Court Of Appeal: Insufficiency of salary earned does not constitute just cause.

PEACE A-97-03 Judgment Of The Federal Court Of Appeal, HORSLEN A-517-94 Judgment Of The Federal Court Of Appeal:  Significant change in working hours/salary

KING  A-387-04 Judgment Of The Federal Court Of Appeal: Voluntary leaving due to discrepancy in pay cheque.

PATTERSON A-765-95 Judgment Of The Federal Court Of Appeal, MELANSON A-691-94 Judgment Of The Federal Court Of Appeal:  Claimant leaves earlier than when just cause exists

GREEY  A-76-09 Judgment Of The Federal Court Of Appeal : The proper test to distinguish employment from volunteer work is whether the claimant expected to derive any financial benefit from the work arrangement and not “some kind” of benefit independent of the work arrangement. TRAYNOR A-492-94 Judgment Of The Federal Court Of Appeal:  Voluntary leaving for an unpaid internship; indefinite period of disqualification. BERUBE A-986-88 Judgment Of The Federal Court Of Appeal:  Meaning of volunteer work vs employment.

CARON A-468-00 Judgment Of The Federal Court Of Appeal: Medical reasons alleged for voluntary leaving, DIETRICH A-640-93 Judgment Of The Federal Court Of Appeal, BRISEBOIS A-510-96 Judgment Of The Federal Court Of Appeal:  Proof of medical reasons for voluntary leaving. BRISEBOIS considers credibility of claimant vs need to provide proof.

VAIRAMUTHU  A-54-09 Judgment Of The Federal Court Of Appeal : Voluntarily leaving employment to seek medical treatment abroad for a condition for which treatment is available locally is without just cause.

LANTEIGNE  A-296-08 Judgment Of The Federal Court Of Appeal : Just cause not shown as left job without notice, made no arrangements to secure transportation back to work and did not advise his employer of his alleged inability to find return transportation.

BORDEN A-338-03 Judgment Of The Federal Court Of Appeal: Loss of employment due to imprisonment.

SMITH A-875-96 Judgment Of The Federal Court Of Appeal, EPPEL A-3-95 Judgment Of The Federal Court Of Appeal, EASSON A-1598-92 Judgment Of The Federal Court Of Appeal:  Misconduct vs voluntary leaving

MURUGAIAH A-21-07 Judgment Of The Federal Court Of Appeal, AGYEMAN A-12-02 Judgment Of The Federal Court Of Appeal, MILLS A-189-98 Judgment Of The Federal Court Of Appeal:  Leaving employment to seek better employment

PEACE A-97-03 Judgment Of The Federal Court Of Appeal, SULAIMAN A-737-93 Judgment Of The Federal Court Of Appeal:  Voluntary leaving vs misconduct vs constructive dismissal

*WHITE A-381-10: Significant change in job duties – demoted from office manager to work under the new office manager.

*JAMIESON A-457-10: The employer denied the claimant’s request for two days of leave and the claimant informed his employer that he would not be at work for the two days, regardless of the fact that his leave request had been denied.

QUINN A-175-96 Judgment Of The Federal Court Of Appeal:  Voluntary leaving in anticipation of being affected by a new collective agreement

MORIN A-114-01 Judgment Of The Federal Court Of Appeal:  Personal choice not to drive and work in the winter.

MARSHALL A-259-01 Judgment Of The Federal Court Of Appeal:  Left part-time employment due to reduced hours.

GENNARELLI A-346-03 Judgment Of The Federal Court Of Appeal: Left part-time employment held concurrently with full-time employment, LEUNG A-328-03 Judgment Of The Federal Court Of Appeal: Left one of the two part-time employments held concurrently to concentrate on increasing hours of the other.

RICHARD  A-518-08 Judgment Of The Federal Court Of Appeal : The Board of Referees erred when it accepted a worker's desire to improve his or her financial situation as just cause for voluntarily leaving an employment. Quit permanent part-time employment for seasonal full-time employment late in the season. Applies the principles established in Langlois A-75-07.

LANGLOIS A-75-07 Judgment Of The Federal Court Of Appeal: Left permanent employment to take another permanent, but seasonal, employment at a higher wage.

HERNANDEZ A-594-06 Judgment Of The Federal Court Of Appeal: Fear of dangerous working conditions.

RUSSELL  A-376-08 Judgment Of The Federal Court Of Appeal : The two conditions set out in subsection 32(1) {voluntary taking a period of leave from employment without just cause} are met. The period of leave was authorized by the employer and the date of the return to her job was agreed to between the claimant and her employer in that her leave of absence was granted by the employer for a period of one year.



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