Voluntary Leaving

What's New

Questions to Answer
Did claimant leave voluntarily? Did claimant have just cause? Should a disqualification?.. or disentitlement apply?
References
Act: sections 29, 30, 31, 32, subsection 49(2), section 51 Regulations: section 51
Legal test
"no reasonable alternative to leaving the employment, having regard to all the circumstances" paragraph 29(c) of the Act
Onus of proof
*Commission* must show that the claimant left employment voluntarily *Claimant* must show just cause for leaving his employment, that is, considering all circumstances, the claimant had no reasonable alternative to leaving. BELL A-450-95, LANDRY A-1210-92. Benefit of doubt Conflicting evidence should be resolved by accepting the evidence which is reasonable reliable and credible having regard to the circumstances. If the evidence on each side of the issue is equally balanced, the Commission shall give the benefit of doubt to the claimant subsection 49(2), ALCUITAS A-472-03, CUB 39868, CUB 39640.
Key Case Law
LAUGHLAND A-76-02, ASTRONOMO A-141-97, BELL A-450-95: Legal test for just cause. TANGUAY A-1458-84, MCCARTHY A-600-93: Meaning of "just cause" vs good reason or motive. BORDAGE A-506-04: The offer of a course does not equate to an offer of employment. SACREY A-123-03: Reasonable assurance of other employment. BELL A-450-95, ASTONOMO A-141-97: Necessity of considering the "no reasonable alternative" test MULLIN A-466-95, RUST A-650-95: Voluntary leaving to relocate with spouse CLOW A-260-04: Voluntary leaving to follow common-law spouse. THOMAS A-673-02, LAURIN A-784-99, LANDRY A-1210-92, DUECK A-535-96: Voluntary leaving to follow friend/fiance CHAFE A-734-95: Voluntary leaving job in Vancouver to move to Newfoundland to care for ill father. CÔTÉ A-562-04, GAUTHIER A-552-03, LAMONDE A-566-04, BORDAGE A-506-04, BÉDARD A-20-03, BAIROS A-433-02, CONNELL A-46-02, SHAW A-41-02, LESSARD A-249-01, COUTURE A-230-01, VAN ASTEN A-136-01, WALL A-54-01, BOIS A-31-00, FUREY A-819-95, STEVENS A-599-95, WEST A-349-95, BARNETT A-37-96 Voluntary leaving one's employment to return to school. Consideration given to the circumstances at the time the claimant left the job CAMPEAU A-57-06 : Sincerity and inadequate income do not constitute just cause. TREMBLAY A-50-94 : Insufficiency of salary earned does not constitute just cause. PEACE A-97-03, HORSLEN A-517-94: Significant change in working hours/salary KING A-387-04: Voluntary leaving due to discrepancy in pay cheque. PATTERSON A-765-95, MELANSON A-691-94: Claimant leaves earlier than when just cause exists TRAYNOR A-492-94: Voluntary leaving for an unpaid internship; indefinite period of disqualification CARON A-468-00: Medical reasons alleged for voluntary leaving, DIETRICH A-640-93, BRISEBOIS A-510-96: Proof of medical reasons for voluntary leaving. BRISEBOIS considers credibility of claimant vs need to provide proof. BORDEN A-338-03: Loss of employment due to imprisonment. SMITH A-875-96, EPPEL A-3-95, EASSON A-1598-92: Misconduct vs voluntary leaving AGYEMAN A-12-02, MILLS A-189-98: Leaving employment to seek better employment PEACE A-97-03, SULAIMAN A-737-93: Voluntary leaving vs misconduct vs constructive dismissal QUINN A-175-96: Voluntary leaving in anticipation of being affected by a new collective agreement CECCONI A-49-94: Whether refusal to renew an employment contract is equivalent to voluntary MORIN A-114-01: Personal choice not to drive and work in the winter. MARSHALL A-259-01: Left part-time employment due to reduced hours. GENNARELLI A-346-03: Left part-time employment held concurrently with full-time employment, LEUNG A-328-03: Left one of the two part-time employments held concurrently to concentrate on increasing hours of the other.