SJ v Canada Employment Insurance Commission

SJ v Canada Employment Insurance Commission

On the balance of probabilities the appellant failed to prove he had no reasonable alternative to quitting any of the three jobs; in each case the tribunal found he could have stayed while seeking other employment or pursued remedies through supervisors, HR or statutory channels, so his voluntary leaving did not amount to just cause and he is disqualified from EI benefits.

Citation
2024 SST 1080
Parties
Appellant: S. J.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 July 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed; appellant disqualified from receiving Employment Insurance benefits.
Legal Topics
Voluntary Leaving/quit, Just Cause, Reasonable Alternatives, Antagonism With Supervisor, Overtime and Benefits
Source Language
English
Employment Insurance Administrative Law Labour Law Voluntary Leaving/quit Just Cause Reasonable Alternatives Antagonism With Supervisor Overtime and Benefits

Case Brief

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Parties

S. J.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant had just cause for voluntarily leaving three successive jobs
  2. 2 Whether the appellant exhausted reasonable alternatives to quitting (eg. raising issues with employer/HR, staying while seeking other employment)
  3. 3 Whether antagonism or being yelled at by supervisors/colleagues constituted just cause in the circumstances

Ratio Decidendi

On the balance of probabilities the appellant failed to prove he had no reasonable alternative to quitting any of the three jobs; in each case the tribunal found he could have stayed while seeking other employment or pursued remedies through supervisors, HR or statutory channels, so his voluntary leaving did not amount to just cause and he is disqualified from EI benefits.

Court Disposition

Appeal dismissed; appellant disqualified from receiving Employment Insurance benefits.

Orders

  • Appeal dismissed
  • Appellant disqualified from receiving Employment Insurance benefits