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Whether the employee had “just cause” for leaving their employment is decided with statutes and case law. | Whether the employee had “just cause” for leaving their employment is decided with statutes and case law. | ||
Sections 29(c)(i) – (xiv) of the ''EI Act'' provide a list of the circumstances that can constitute “just cause”. ''' | Sections 29(c)(i) – (xiv) of the ''EI Act'' provide a list of the circumstances that can constitute “just cause”. This list is '''neither exhaustive nor conclusive.''' In other words, circumstances not described in s 29(c) can also be just cause if they satisfy the main definition in s 29(c). On the other hand, circumstances listed in s 29(c)(i) – (xiv) will not be considered “just cause” if the conditions in s 29(c) are not met (if, for example, the claimant had a reasonable alternative). | ||
:'''NOTE:''' To date, the only prescribed circumstance under s 29(c)(xiv) is ''EI Regulations'' s 51. This states that leaving employment when the employer is downsizing the business and the claimant’s decision preserves the employment of another worker does constitute just cause. | :'''NOTE:''' To date, the only prescribed circumstance under s 29(c)(xiv) is ''EI Regulations'' s 51. This states that leaving employment when the employer is downsizing the business and the claimant’s decision preserves the employment of another worker does constitute just cause. |
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