Difference between revisions of "Employment Insurance Benefit Entitlement (8:VII)"

Employment Insurance Benefit Entitlement (8:VII) (view source)

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 “Just cause” is defined under s 29(c) as follows: “having regard to all the circumstances, the individual had no reasonable alternative to leaving the employment”. Where an employee had “just cause” for leaving their employment, they will not be disqualified.  The onus is on the worker to show “just cause”. The Commission must show that leaving was voluntary and that the claimant took the initiative in severing the employer-employee relationship; the worker must then prove just cause.
-The Decisions of the Umpires and the SST provide examples of what is and is not considered voluntary.  Once the facts have been established to show voluntary leaving, the onus then shifts to the claimant to show that he or she had just cause.  When the evidence of the employee and the employer contradict one another, and the evidence is evenly balanced, s 49(2) of the ''EI Act'' provides that the claimant shall receive the benefit of the doubt.
+The Decisions of the Umpires and the SST provide examples of what is and is not considered voluntary.  Once the facts have been established to show voluntary leaving, the onus then shifts to the claimant to show that they had just cause.  When the evidence of the employee and the employer contradict one another, and the evidence is evenly balanced, s 49(2) of the ''EI Act'' provides that the claimant shall receive the benefit of the doubt.
 ==== a) Statute & Case Law ====