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

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

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 For a claimant to prove just cause, they must show:
-*a) a genuine grievance, or other acceptable reason for leaving the employment;
+:a) a genuine grievance, or other acceptable reason for leaving the employment;
-*b) proof of taking all reasonable steps to alleviate the grievance; and
+:b) proof of taking all reasonable steps to alleviate the grievance; and
-*c) proof of a search for alternate employment before the termination, unless circumstances are so immediate that a proper search is impossible.
+:c) proof of a search for alternate employment before the termination, unless circumstances are so immediate that a proper search is impossible.
 In ''Canada v Hernandez'', 2007 FCA 320 the claimant was disqualified for quitting his job after a public health nurse advised him that the silica dust which was a main material in the factory was a carcinogen.  The court decided he did not exhaust his alternatives because he should have asked the employer to change its business or find him a new job somewhere else.  While this case is an aberration, it shows the importance of being able to prove that the worker did everything possible to avoid quitting.