Digest of Benefit Entitlement Principles - Chapter 9
CHAPTER 9
REFUSAL OF EMPLOYMENT
9.12.0 PROSPECT OF OTHER WORK
9.12.1 Working at Time of Offer
9.12.2 Promise of Employment
9.12.3 Good Employment Opportunities
9.12.4 Other Work Obtained Later
Employment is often refused for the reason that an opportunity of work better suited to one's expectations might materialize. Such reason may amount to good cause for the refusal.
This factor is more important yet when the employment offered differs considerably from the duties normally required in one's usual occupation, or when the employment offered would require one to move or to live far away from the family.
The cases falling in this category are grouped as follows:
1) Working at the time of offer;
2) Promise of employment;
3) Good employment opportunities;
4) Other work obtained later.
9.12.1 Working at Time of Offer
Claimants obviously have good cause in refusing an offer of employment if they are already employed full-time on a continuing basis. However, a refusal of permanent or full-time employment is without good cause when the claimant only has a casual or part-time employment1. The same applies to someone who has a choice between two jobs and chooses the one of shorter duration, unless this choice is based on the promise of steady employment in the near future.
In certain cases, there may be uncertainty as to whether the claimant is actually employed, for example when one assists parents with the work on the farm. It may be concluded that the refusal of other work is without good cause even where the circumstances indicate that one is in fact employed2.
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- Jurisprudence Index/refusal of work/right to refuse employment/; Jurisprudence Index/refusal of work/good cause/; Jurisprudence Index/refusal of work/presently working/;
- Jurisprudence Index/refusal of work/good cause/.
The assurance of obtaining steady and full-time employment in the near future amounts to good cause for refusing an employment offer. What is required is not an absolute certainty but a reasonable assurance that another employment will materialize as promised, or as led to believe, by an employer. As a general rule, any statement by the claimant to this effect must be supported by documentary evidence; the fact that one subsequently obtained the employment within the expected time may also serve as an indication1.
What is meant by "near future" is a period of three weeks. In exceptional instances, the period may be longer, sometimes even as long as six weeks; such longer period is applicable, for example, when the employment offered is far away from home, when it differs considerably from the usual occupation or yet when it would result in losing one's seniority with the usual employer2. The notion of near future must be interpreted more strictly as the period of unemployment gets longer. It should be pointed out that the loss of seniority in itself is not good cause to refuse another employment; in addition, there must be evidence that one is likely to be recalled in the near future. It is different when a claimant is asked to give up seniority rights even before assurance of other employment has been given.
The decision to start up a business may be looked at in a similar manner. Moreover, even when bound by contract of employment which will be effective only at some date in the distant future, should another employment opportunity arise the claimant must explore the possibility of cancelling the contract in order to immediately put an end to her or his unemployment.
A promise of employment of short duration or of a recall to seasonal work is not enough when the employment offered is of longer duration. Little weight will be given to a promise of employment if, when the time comes, the claimant changes his or her mind and does not accept that very employment. Obviously, good cause is not shown where acceptance of the employment offered would not jeopardize the possibility of later obtaining the employment desired3.
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- Jurisprudence Index/refusal of work/prospect of other work/; Jurisprudence Index/refusal of work/acceptance of other employment/;
- Jurisprudence Index/voluntarily leaving employment/new employment/delay between two jobs/; Jurisprudence Index/availability for work/job search/recall or other probable employment/;
- Jurisprudence Index/refusal of work/duration of employment/.
9.12.3 Good Employment Opportunities
Except where a promise of employment was made to the claimant, a refusal of work based on the possibility of obtaining another employment is generally without good cause. Nevertheless, when the working conditions offered are considerably less favourable than those enjoyed in the previous employment, and particularly if the employment offered must be permanent, good cause may or may not exist according to the possibilities of obtaining more favourable working conditions in the near future1.
Applying the above principle, it was held that a refusal of employment of a kind other than in usual occupation and a refusal to work nights were without good cause. Good local employment possibilities coupled with an active search for work on the part of the claimant may be good cause for refusing work far away, even when no promise of other employment was made, or may amount to extenuating circumstances. On the other hand, the lack of local employment possibilities will be held against the claimant as the period of unemployment lengthens2.
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- Jurisprudence Index/refusal of work/full-time/; Jurisprudence Index/refusal of work/working conditions/; Jurisprudence Index/refusal of work/right to refuse employment/;
- Jurisprudence Index/refusal of work/reasonable period of time/; Jurisprudence Index/refusal of work/good cause/; Jurisprudence Index/refusal of work/prospect of other work/; Jurisprudence Index/refusal of work/job search/; Jurisprudence Index/refusal of work/distance/.
9.12.4 Other Work Obtained Later
The fact that another employment was obtained shortly after the offer of work may confirm an earlier statement that other work had been promised or that there were good possibilities of obtaining other work at the time of the offer. In either case, reference will be made to one of the two headings above, entitled "Promise of Employment," and "Good Employment Opportunities."
Except for the above, the mere finding of another employment cannot be used as justification for having refused an offer of work earlier. Finding work shortly after the offer is nevertheless indicative of one's desire and action to put an end to her or his unemployment. When coupled with other favourable factors, it may amount to extenuating circumstances or provide an additional reason for saying that the refusal was with good cause1.
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- Jurisprudence Index/refusal of work/acceptance of other employment/; Jurisprudence Index/refusal of work/good cause/.
