Refusal of Employment

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*This asterisk denotes recent case law.

Questions to Answer



  1. Was there a "refusal" of employment subsequent to the interruption of earnings giving rise to the claim?
  2. Was the employment suitable?
  3. Did the claimant have good cause for refusing?
  4. What period of disqualification is appropriate?

References


 
Act: paragraphs 27(1)(a) and 27(1)(b) Employment Insurance Act, subsections 27(2) and 27(3) Employment Insurance Act, 28(1) Employment Insurance Act 

Legal test


 
Refusal of employment - failed to apply, failed to accept, failed to take advantage of opportunity: subsection 27(1) of the Act.   Employment Insurance Act

Good cause CUB 24913 Umpire Decision

Suitability of Employment: subsections 27(2), 27(3) of the Act.   Employment Insurance Act

Considerations: Period of disqualification (7 to 12 weeks): paragraph 28(1)(a) Employment Insurance Act 

Onus of proof


 
Claimant must prove the employment was not suitable or must prove good cause for refusing. Eligibility to be established on the balance of probabilities - subsection 49(1) of the Act.   Employment Insurance Act FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal 

Key Case Law


 
GOHAL A-85-94 Judgment Of The Federal Court Of Appeal:  Failing to return to former job after maternity leave

MOURA A-800-80 Judgment Of The Federal Court Of Appeal:  Onus of proof as to suitability of employment rests with claimant.

MUOI PHUNG A-308-94 Judgment Of The Federal Court Of Appeal, WORLEY A-453-94 Judgment Of The Federal Court Of Appeal, RUPPEL A-583-94 Judgment Of The Federal Court Of Appeal:  Discretionary authority of Commission - also applies to disqualification under subsection 28(1) Employment Insurance Act [formerly subsection 30(1) of the Unemployment Insurance Act   Employment Insurance Act ]



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