Digest of Benefit Entitlement Principles - Chapter 9
CHAPTER 9
REFUSAL OF EMPLOYMENT
9.5.0 GOOD CAUSE
9.5.1 Good Cause Defined
9.5.2 Credibility
9.5.3 Length of Disqualification
9.5.4 Application
The third relevant question is whether the claimant had good cause for refusing the employment. Even if the prospective employment was suitable, a disqualification is not applicable if the claimant had good cause for refusing it1.
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"Good cause" is not defined in the legislation1. According to dictionary meanings, "good cause" can be considered as an "adequate motive or justification" that is "valid, sound, thorough, ample or considerable"2.
Acting in good faith does not necessarily constitute good cause3. Good cause can be said to exist where the claimant acted in a prudent and reasonable manner as any person who is desirous of work would have done under similar circumstances. Good cause can stem from personal or family circumstances4 as well as from the employment itself.
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- Jurisprudence Index/refusal of work/good cause/; the Concise Oxford Dictionary, Seventh edition 1982, cause 1. and good 10.
- Jurisprudence Index/refusal of work/good cause/; M. Moura (A-800-80, CUB 6192)
- Jurisprudence Index/refusal of work/family responsibilities/.
- Jurisprudence Index/refusal of work/family responsibilities/.
As a general rule, in so far as good cause is concerned, the claimant must provide documentary evidence, especially where the refusal of the employment is by reason of poor health, illness in the family, loss of union rights or a promise of employment with another employer1.
Where the circumstances are such that documentary evidence should not be requested, the question becomes one of credibility. Any plausible and uncontradicted statement must be accepted at face value2. A statement may be challenged when it appears unfounded or when it is submitted belatedly3.
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- see 9.11.2, "Health"; see 9.11.4, "Family Obligations"; see 9.10.2, "Union Membership"; see 9.12.2, "Promise of Employment"
- Jurisprudence Index/refusal of work/rationale/; Jurisprudence Index/board of referees/weight of statements/credibility/;
- Jurisprudence Index/proof/evidence new/amendment of decision/.
9.5.3 Length of Disqualification
The normal rules will be applied when determining the length of the disqualification. The length of disqualification will vary upon the seriousness of the reasons given for refusal, the willingness and eagerness shown by the claimant in attempting to secure employment1; consideration shall also be given to the length and schedules of employment proposed2.
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- EIA 28(1); see 1.6.3, "Length of Disqualification"; D. Ruppel (A-583-94, CUB 25463)
- see 1.6.5, "Refusal of Employment of Short Duration"; Jurisprudence Index/refusal of work/duration of employment/.
The reasons most often put forward for refusing work may be classed into seven main groups:
(1) Wages;
(2) Type of work;
(3) Hours of work;
(4) Distance between residence and place of work;
(5) Personal objections;
(6) Personal constraints; and
(7) Prospect of other work.
