CD v Canada Employment Insurance Commission

CD v Canada Employment Insurance Commission

The appellant voluntarily resigned and failed to prove he had no reasonable alternative to quitting on September 1, 2021; continuing employment, requesting a leave of absence, or immediately seeking alternative employment were reasonable alternatives, therefore he did not have just cause under the EI Act and is...

Source-derived case information.

Citation
2022 SST 494
Parties
Appellant: C. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Voluntary Leaving, Just Cause, Undue Pressure to Resign, Reconsideration, Probationary Period, Leave of Absence
Source Language
english
Employment Insurance Administrative Law Labour and Employment Voluntary Leaving Just Cause Undue Pressure to Resign Reconsideration Probationary Period +1 more

Source-derived case record

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Parties

C. D.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant voluntarily left his employment
  2. 2 Whether the appellant had just cause for leaving under the EI Act
  3. 3 Whether the employer unduly pressured the appellant to resign

Ratio Decidendi

The appellant voluntarily resigned and failed to prove he had no reasonable alternative to quitting on September 1, 2021; continuing employment, requesting a leave of absence, or immediately seeking alternative employment were reasonable alternatives, therefore he did not have just cause under the EI Act and is disqualified from benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disqualified from receipt of EI benefits