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Digest of Benefit Entitlement Principles - Chapter 6

CHAPTER 6 

VOLUNTARILY LEAVING EMPLOYMENT

6.3.12    Practices of an Employer that are Contrary to Law

Every person has the right to object to practices that are contrary to law or activities that violate regulations and run counter to established business principles1.

An example of this type of situation would be an employer requiring a person to sell alcoholic beverages to minors or outside authorized hours, falsify documents, sell stolen goods or make false statements. Another example would be a person being asked to deliver contraband goods or hazardous materials without the proper authorization.

A person would have just cause for leaving employment in cases where such practices or activities were proven or where the person honestly believed that the employer's activities were illegal. A reasonable alternative the person should have used first would be to discuss the situation with the employer, contact the union or use the provisions in the collective agreement.

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  1. Jurisprudence Index/voluntarily leaving employment/just cause/contrary to law/.
Summary
Practices of an Employer that are Contrary to Law
Reasonable Alternatives: 
  • discuss the situation with the employer; 
  • contact the union; 
  • use the provisions in the collective agreement; 
Just Cause: 
  • practices or activities actually unacceptable rather than a perception not based on reasonable grounds; 
  • does not include a simple disagreement with the employer's policy; 
  • not necessary to take legal action; 
  • no reasonable alternative but to leave, even without other employment; 
  • existing reasonable alternatives failed to remedy the situation.