Digest of Benefit Entitlement Principles - Chapter 9

REFUSAL OF EMPLOYMENT

9.11.0 PERSONAL CONSTRAINTS

9.11.1     Pregnancy and Childbirth
9.11.2     Health
9.11.3     Third-Party Objection
9.11.4     Family Obligations
9.11.5     Impending Move
9.11.6     Course of Instruction
9.11.7     Farming Activities
9.11.8     Vacation

9.11.0 PERSONAL CONSTRAINTS

A person's willingness to accept work is often hindered by reason of a compulsion, necessity or personal decision. Depending on how serious the situation is and after considering whether it is possible for the claimant to make alternative arrangements that would enable him or her to accept the prospective employment, good cause for refusal may or may not be present. The following situations have been included under this category:

1) Pregnancy and childbirth;
2) Health;
3) Third party objection;
4) Family obligations;
5) Impending move;
6) Course of instruction;
7) Farming activities;
8) Vacation.

9.11.1 Pregnancy and Childbirth

Pregnancy does not in itself render a person incapable of work and not available for work. The situation could in fact vary from one person to another.

In order to give full effect to the legislative provisions governing the payment of benefits for cases of pregnancy and childbirth, a claimant is considered to have good cause in refusing an employment offer at any time during the period for which her entitlement to maternity benefits is established. Contrarily the refusal of employment can result in a disqualification if the claimant has stated that she is capable of and available for work and has applied for regular benefits instead of maternity benefits.

Unless the claimant is entitled to maternity benefits, rules found under Health in the following section will be used when she has provided a reason for refusal, related to the pregnancy. Accordingly, it was held that a claimant did not have good cause in refusing to apply for permanent work on the grounds of being available for only a few months; instead, she should have gone to see the employer and let the employer decide whether she would be hired¹. A similar judgment was given where the claimant contended that her condition would be a source of embarrassment at the college where there was a vacancy.

Also, a claimant who refuses to return to work after the end of her maternity leave has voluntarily left employment². This does not fall under the job refusal provision.

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Jurisprudence Index/refusal of work/refusal to apply/;
EIA 29(b.1)(ii).

9.11.2 Health

For health reasons or restricted physical capabilities, a person may be compelled to place limitations on the type of work or the working hours to be accepted as well as to the distance to be travelled daily to get to work. Health reasons obviously are in the nature of good cause for refusing employment.

The claimant's health condition will be of little importance when it appears to be more of an excuse than the real reason for the refusal¹. As a general rule, a medical certificate must be submitted. Good cause was found to exist where the refusal to accept heavy work, shift work and night work was supported by medical evidence².

Similar judgments were given regarding refusals to work standing up, to return to former employment where there was much tension or to work under conditions of dust and dampness³.

In some cases, the incapacity of which the claimant is suffering may not be such as to prevent one from accepting the employment offered. Nevertheless, extenuating circumstances will be present if it was the incapacity that prompted the claimant to refuse the employment. An illness that develops more or less unknowingly may be a factor pressing on the claimant to refuse employment.

A medical certificate is not always conclusive; it must therefore be examined carefully⁴. In one case, it was held that a claimant did not have good cause in refusing work as a logger even though he suffered from rheumatism or in refusing work as a labourer because of a hernia. Likewise, a refusal to work standing up, to work shifts or to work full time was without good cause. In another case, treatment received some years earlier for allergies was not such as to provide good cause either.

Obviously, the medical certificate is of no recourse if it does not confirm the incapacity. Detailed and convincing explanations, as well as first-hand observation, may be accepted in the absence of a medical certificate. Of course, any plausible and credible statement is acceptable when a physician has not been consulted.

In one particular case, the claimant's demand of a higher salary based on the need to eat hot meals did not amount to good cause for refusing employment.

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9.11.3 Third-Party Objection

Parental objections are in the nature of good cause with respect to a minor's refusal to work outside the community of residence¹. If well over the legal age of majority, the fact that the parents object to the claimant's working some distance away, in a hotel or at night would not be given any weight.

Also insignificant is the fact that the spouse objects to one's working at night or with the particular employer concerned. A similar judgment was given where the objection was on the part of one's fiancé.

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Jurisprudence Index/refusal of work/good cause/.

9.11.4 Family Obligations

Family obligations constitute good cause for refusing employment when they present a serious problem¹. By reason of these, a person may be compelled to place limitations on the hours of work, the travelling distance and even the salary that would be acceptable. They will be given little importance when they seem to be more of an excuse than a real reason for refusal².

As for hours of work, the subject has been fully dealt with and the same principles are applicable here. Family obligations may provide good cause or amount to extenuating circumstances when they are such as to prevent, or excuse to a certain extent, the claimant from accepting the proposed hours of work³.

However, the need to care for one's children at home would not generally constitute good cause⁴. This is a matter that the claimant should have resolved some time prior to becoming available for work⁵. In the event of a serious problem or in a case of self-declared non-availability precisely because of the impossibility to make child care arrangements, good cause exists or at least extenuating circumstances will be recognized⁶.

Family obligations must also be taken into consideration when there is a considerable distance between the claimant's home and the prospective place of work⁷. Good cause exists when the presence of the claimant at home is indispensable or almost so, unless it is possible to travel that distance every day or to consider moving the whole family.

If employment is refused by reason of illness in the family, medical evidence must be provided⁸. A claimant's uncorroborated statement that she would soon have to be at the bedside of her mother who was seriously ill was not such as to provide good cause for refusing an opportunity of permanent work⁹. Similarly, the statement of a claimant, whose wife had been in an accident, that his presence near her side was desirable did not suffice. On the other hand, a claimant who lived in a rural area with his elderly and sick parents had good cause for refusing work in another area. Similar judgments were given where the refusal was by reason of one's wife's pregnancy or poor health.

In one particular case, it was held that the claimant had good cause in not keeping an interview with an employer because he had attended his brother-in-law's funeral the same day.

The demand of a salary, higher than that offered, solely because of family obligations such as child care expenses, would not generally provide good cause. In this respect, the rules found under the heading dealing with wages are applicable.

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9.11.5 Impending Move

Arrangements made in anticipation of leaving an area in the near future may be good cause in refusing an offer of employment if it is no longer possible or is not very desirable to change the plans.

In one particular case, it was held that the claimant did not have good cause in refusing to accept employment of four weeks' duration for the reason that she had decided to rejoin her husband, who was studying in another city, in three weeks¹. Similarly, the refusal of permanent employment while visiting one's native area was without good cause².

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9.11.6 Course of Instruction

Claimants obviously have good cause in refusing employment while attending a course to which they were referred by the Commission. Except for this instance, attendance at a course does not provide good cause for refusing work¹.

Accordingly, it was held that there was good cause even when there were only two more weeks left to the course². However, it may be that a period of time must be allowed to look for work with hours that would not prevent one from continuing the course. In this respect, the rules dealing with evening or night work and part-time work are applicable.

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9.11.7 Farming Activities

Claimants have good cause in refusing an employment offer in any period during which their self-employment in farming is otherwise than minor in extent¹.

When the farm is small, claimants often will say that they are willing to accept other work during the off-season and sometimes even during the farming season. In such case, farm chores cannot be used as justification for refusing work that would normally be acceptable by a claimant under other circumstances².

As a conclusion, farm operators who wish to be on the labour market must first make the necessary arrangements that will free them from farming activities in the event of an opportunity of employment. The need to return home every night³ or the inability to leave sooner in the morning does not provide good cause in refusing work at some distance away.

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9.11.8 Vacation

Arrangements made for the purpose of taking a vacation with one's spouse may be good cause in refusing employment if it is not desirable to change or cancel the plans. This principle was applied and the refusal to work on the Friday was with good cause in the case of a claimant who was unavailable until the following Monday by reason of arrangements she and her husband had made with friends for the weekend¹.

However, it was held that the refusal of an employment offer was without good cause even though the offer coincided with the date on which the claimant had decided to take her son on vacation². Similarly, the mere desire to take a rest which is not necessitated by one's health or not to work on a holiday would not provide good cause³.

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Digest of Benefit Entitlement Principles - Chapter 9

CHAPTER 9

REFUSAL OF EMPLOYMENT

Services by Subject

Digest of Benefit Entitlement Principles - Chapter 9

CHAPTER 9

REFUSAL OF EMPLOYMENT

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