Employment Insurance Benefit Entitlement (8:VII): Difference between revisions
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Employment Insurance Benefit Entitlement (8:VII) (view source)
Revision as of 00:28, 9 September 2022
, 9 September 2022→a) Statute & Case Law
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For a claimant to prove just cause, they must show: | For a claimant to prove just cause, they must show: | ||
:a) a genuine grievance, or other acceptable reason for leaving the employment; | |||
: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. | |||
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. | 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. |