Voluntary Leaving
I. The Legislation
Claimants who voluntarily leave their employment are not entitled to employment insurance benefits.
Sections 29, 30, 32 and 51 Employment Insurance Act
II. What is "Voluntary Leaving"
Where a claimant severs the employer-employee relationship, he or she will be considered to have voluntarily left that employment. Claimants who do voluntarily leave will not be entitled to receive benefits unless they can establish they had "just cause" for leaving.
Voluntary leaving also includes the refusal of employment offered as an alternative to an anticipated loss of employment; the refusal to resume an employment; and, the refusal to continue in an employment after the employer's operation is transferred to another employer.
Paragraph 29(b.1) Employment Insurance Act
III. The Meaning of "Just Cause"
The term "just cause" is not defined in the legislation. Paragraph 29(c) of the Employment Insurance Act lists certain examples or circumstances which may be considered just cause. These examples are not exhaustive however, and a Board of Referees and an Umpire are to have regard to all of the circumstances of each individual case in determining whether just cause exists.
Just cause is not the same as "good reason" or "motive". A claimant may have good personal reasons for leaving his or her employment but this may not be sufficient to establish just cause. Reasons such as dissatisfaction with salary or leaving one's employment to return to school or to find a better job may be good reasons for voluntarily leaving, but they do not constitute "just cause".
Tanguay v. C.E.I.C. (1985), 68 N.R. 154 (F.C.A.) A-1458-84
Canada (A.G.) v. Mills, A-189-98, September 23, 1998 (F.C.A.)
Canada (A.G.) v. Racine, A-694-96, April 30, 1997 (F.C.A.)
Canada (A.G.) v. Barnett (1996), 205 N.R. 392 (F.C.A.) A-37-96
Canada (A.G.) v. Furey (1996), 201 N.R. 237 (F.C.A.) A-819-95
Canada (A.G.) v. Stevens, A-599-95, March 25, 1996 (F.C.A.)
Canada (A.G.) v. Martel (1994), 175 N.R. 275 (F.C.A.) A-1691-92
Canada (A.G.) v. Tremblay (1994), 172 N.R. 305 (F.C.A.) A-50-94
Canada (A.G.) v. Mancheron, A-775-99, May 30, 2001 (F.C.A.)
Canada (A.G.) v. Bois, A-31-00, May 30, 2001 (F.C.A.)
The legal test for just cause as set out in paragraph 29(c) of the Employment Insurance Act is whether a claimant has "no reasonable alternative to leaving the employment".
Astronomo v. Canada (A.G.), A-141-97, July 10, 1998 (F.C.A.)
Bell v. Canada (A.G.), A-450-95, March 25, 1996 (F.C.A.)
Canada (A.G.) v. Ash (1995), 178 N.R. 73 (F.C.A.) A-115-94
Canada (A.G.) v. Horslen, A-517-94, September 21, 1995 (F.C.A.)
Canada (A.G.) v. Landry, A-1210-92, November 24, 1993
IV. Proving Voluntary Leaving and Just Cause
The onus is on the Commission to show that the leaving of employment was voluntary. Once that has been established, the onus shifts to the claimant to show that he or she had just cause for leaving.
Tanguay v. C.E.I.C. (1985), 68 N.R. 154 (F.C.A.) A-1458-84
It is the circumstances which existed at the time the claimant left his or her employment that are relevant to whether just cause exists and not some future events which came about after the voluntary leaving occurred.
Canada (A.G.) v. Barnett (1996), 205 N.R. 392 (F.C.A.) A-37-96
Canada (A.G.) v. Furey (1996), 201 N.R. 237 (F.C.A.) A-819-95