C. K. v. Canada Employment Insurance Commission

C. K. v. Canada Employment Insurance Commission

The Commission proved the claimant voluntarily resigned; the claimant failed to prove on the balance of probabilities that he had no reasonable alternative to leaving—evidence showed inspections and repairs to the truck and the claimant did not seek available alternatives (request temporary leave, reduce loads,...

Source-derived case information.

Citation
2019 SST 1619
Parties
Appellant/claimant: C. K.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 April 2019
Procedural Posture
Employment Insurance (ei) Appeal / Decision (social Security Tribunal General Division)
Outcome
Appeal dismissed
Legal Topics
Voluntary Leaving of Employment, Just Cause for Leaving, Employment Insurance Disqualification, Dangerous Working Conditions, Mental Health and Work
Source Language
english
Employment Law Administrative Law Social Benefits Law Occupational Health and Safety Voluntary Leaving of Employment Just Cause for Leaving Employment Insurance Disqualification Dangerous Working Conditions +1 more

Source-derived case record

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Parties

C. K.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance (ei) Appeal / Decision (social Security Tribunal General Division)

Legal Issues

  1. 1 Did the claimant voluntarily leave his employment?
  2. 2 If so, did the claimant have just cause (no reasonable alternative) to leave?

Ratio Decidendi

The Commission proved the claimant voluntarily resigned; the claimant failed to prove on the balance of probabilities that he had no reasonable alternative to leaving—evidence showed inspections and repairs to the truck and the claimant did not seek available alternatives (request temporary leave, reduce loads, obtain medical evidence, or report safety concerns), therefore his departure did not constitute just cause under the Act and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Canada Employment Insurance Commission upholding disentitlement to EI regular benefits is confirmed