Digest of Benefit Entitlement Principles - Chapter 9

REFUSAL OF EMPLOYMENT

9.8.0 HOURS OF WORK

9.8.1     Inconvenient Hours
9.8.2     Long Hours
9.8.3     Evening or Night Work
9.8.4     Part-Time Work

9.8.0 HOURS OF WORK

Hours of work, less favourable than those observed by agreement or, in the absence thereof, than those recognized by good employers, render the employment not suitable¹. Further, until a reasonable period of unemployment² has elapsed, employment of a kind other than that of usual occupation is not suitable if the hours of work it offers are less favourable than those the claimant usually enjoyed³. Cases included in this category are grouped as follows:

1) Inconvenient hours;
2) Long hours;
3) Evening or night work;
4) Part-time work.

Where restrictions placed on one's availability with respect to hours of work are attributable more to a constraint of some kind than to a personal choice, this additional factor must be considered. Reference then will be made to the heading entitled Personal Constraints.

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EIA 27(2)(b)
see 9.4.4, "Reasonable Period of Unemployment"
EIA 27(2)(c); EIA 27(3).

9.8.1 Inconvenient Hours

Any decision by a claimant to restrict availability to certain specific hours does not amount to good cause for refusal if it is founded only on a personal choice. Anyone sincerely desirous of work must arrange personal and family affairs so as to be able to conform to the requirements of the labour market, particularly after a lengthy period of unemployment¹.

Accordingly, a refusal of an offer of employment is without good cause if it is based solely on one's objection to work broken hours or Saturdays or on one's desire to practice a favourite sport or to get to the cottage early². Similarly, good cause did not exist in the case of someone who wanted to be at home at mealtime, who insisted on flexible hours or who specified the time of departure or arrival due to family obligations³.

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9.8.2 Long Hours

Even when the prospective employment involves long hours of work, this does not necessarily amount to good cause¹, unless the number of hours is less favourable than what is considered acceptable. It was decided that good cause did not exist in the case of a teacher who refused to work as substitute during exam time on the ground that working hours would have been longer than usual².

In one case, the work week of 45 hours being longer than that enjoyed by the claimant in recent years was one of the factors which made the employment not suitable even after more than three months' unemployment; the other factors were the reduction in wages, the change in occupation and the permanent nature of the work offered. Similarly, four months' unemployment were not long enough to rule that a 54-hour work week, as compared to a previous 40-hour week, coupled with a substantial reduction in wages was suitable³.

Overtime work is a recognized industrial practice. Objecting to working overtime due to family obligations is of no avail unless serious personal constraints are present or the amount of expected overtime exceeds the limits of what is reasonable.

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9.8.3 Evening or Night Work

In many fields, work is carried on late into the evening and sometimes even all night. Individuals usually employed in those fields, or for whom employment therein is otherwise suitable, must make themselves available according to the requirements of the labour market. A young person obviously has good cause in refusing hours of work prohibited by law¹.

Even persons with family obligations often have to work evenings or nights². Shift work is also common. Consequently, a claimant may have to arrange personal and family affairs so as to be able to conform to these requirements especially after a lengthy period of unemployment or when one has moved to an area in which there are practically no opportunities of the type of work desired.

As a general rule, a claimant, particularly when residing in a large area, is given a certain period of time to look for employment with hours similar to those usually worked³. This period may be calculated on the basis of one week per year of employment; it will be shortened or lengthened depending on the occupation followed and the employment opportunities. This is a practical rule only and is not contained in the legislation.

In one case, a waitress had worked both days and evenings and, subsequent to enrolling in some courses, was available only in the evening; she was found to have good cause for refusing daytime employment as a clerk-stenographer after one month of unemployment.

As the period of unemployment lengthens, the less importance is given to the hours of work previously enjoyed by the claimant. The time will come when a refusal to work evenings or nights will be without good cause and even without extenuating circumstances, unless the claimant shows that it was either impossible to accept the prospective hours due to transportation difficulties⁴ or serious personal constraints⁵ or that it was highly preferable not to accept such hours.

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9.8.4 Part-Time Work

Rather than remain completely unemployed, it is generally preferable for a claimant to take advantage of any opportunity to work part-time until something better can be found¹. Likewise, a refusal to accept full-time employment is not necessarily with good cause just because the claimant wants or has part-time employment² or because one has registered for such work. Anyone who wants to work must conform to the requirements of the labour market³.

Thus, full-time employment may even be suitable for a claimant who, by reason of the part-time hours recently enjoyed, could look after domestic obligations at leisure. Child care expenses, regardless of whether they are comparatively higher, cannot readily be put forward as good cause for refusing to work part-time⁴. The same can be said for the cost of transportation and meals. Neither would reduction in earnings proportional to the reduced number of hours of work amount to good cause.

However, provided the claimant had usually worked part-time, a period of time will be given to look for employment with similar hours⁵. As a practical rule, this period is calculated on the basis of one week for each year of part-time work experience. It will be shortened or lengthened depending on the type of work sought and the possibilities of obtaining it.

When a claimant already has part-time employment, a refusal of another part-time employment may be with good cause if it is not possible to hold both at the same time⁶.

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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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