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Digest of Benefit Entitlement Principles - Chapter 6

CHAPTER 6

VOLUNTARILY LEAVING EMPLOYMENT

6.3.7    Reasonable Assurance of Another Employment in the Immediate Future

A person may decide to leave his or her current employment for other employment which for one reason or another is more suitable in the person's view only to find that he or she is out of work because the promised employment has been delayed or even cancelled. The person would have just cause for leaving his or her employment in the circumstances only to the extent he or she was reasonably assured of the other employment in the immediate future1.

The new employment does not have to be an absolute certainty. It is important, however, that the person have a genuine promise or reasonable assurance from an employer that he or she will be hired. Simply being made aware of opportunities and being hopeful of finding other employment is not sufficient. The person must at the time of leaving have a definite employment prospect, that is, he or she must have already approached the employer and accepted the conditions of employment2.

The fact that the promised employment did not come about or ultimately proved to be short term will not count against the person if he or she acted in good faith. A reasonable alternative in the circumstances could be for the person to try to withdraw the resignation and return to the old job as soon as he or she learns the new employment, for reasons beyond his or her control, has fallen through or would be for a shorter period.

The promised employment must be scheduled to begin in the immediate future, that is, in the days immediately following so that there is no break or only a short break between the two jobs. A longer break might be reasonable where the promised employment requires the person to move or make other arrangements. Searching for or obtaining other employment shortly after leaving employment does not in itself constitute proof that the person had reasonable assurance of employment at the time of leaving.

Finally, a person does not generally have just cause in leaving employment for another employment that would have created an unemployment situation. Changing from permanent to temporary employment or from full-time to part-time or on-call employment does not constitute just cause3.

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  1. Jurisprudence Index/voluntarily leaving employment/new employment/applicability/;
  2. Jurisprudence Index/voluntarily leaving employment/new employment/employment defined/; Jurisprudence Index/voluntarily leaving employment/new employment/not definite/;
  3. Jurisprudence Index/voluntarily leaving employment/new employment/part-time/; Jurisprudence Index/voluntarily leaving employment/new employment/temporary/.
Summary
Reasonable Assurance of Another Employment
Reasonable Alternatives :
  • try to withdraw the resignation or get the old job back; 
Just Cause: 
  • genuine promise of other employment in the immediate future; 
  • not obtained for reasons beyond the person's control; 
  • new employment would not have created an unemployment situation (full-time vs. part-time or on-call, permanent vs. temporary); 
  • searching for or obtaining new employment after leaving is not sufficient.