SM v Canada Employment Insurance Commission and X

SM v Canada Employment Insurance Commission and X

The appellant voluntarily resigned and did not establish on a balance of probabilities that he had no reasonable alternative to leaving: his medical condition was uncorroborated, his account inconsistent, employer evidence credible that job was not in jeopardy and had attempted accommodation, and alternatives (remaining and resolving pay/obtaining other employment) existed, therefore no just cause under s.29.

Citation
2017 SSTGDEI 205
Parties
Appellant: S. M.; Employer: C. S., X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 July 2017
Procedural Posture
Employment Insurance (ei) / General Division Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Just Cause for Voluntary Leaving, Voluntary Resignation, Constructive Dismissal (relevance), Duty to Accommodate, Evidence and Medical Corroboration, Record of Employment (roe)
Source Language
English
Employment Law Administrative Law Social Security Law Human Rights Law Disability/accommodation Law Just Cause for Voluntary Leaving Voluntary Resignation Constructive Dismissal (relevance) +3 more

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Parties

S. M.

Appellant

C. S., X

Employer

Procedural Posture

Employment Insurance (ei) / General Division Appeal Decision

Legal Issues

  1. 1 Did the appellant voluntarily leave his employment?
  2. 2 Did the appellant have just cause under s.29 EI Act to voluntarily leave?
  3. 3 Was there discrimination on the basis of a mental disability?

Ratio Decidendi

The appellant voluntarily resigned and did not establish on a balance of probabilities that he had no reasonable alternative to leaving: his medical condition was uncorroborated, his account inconsistent, employer evidence credible that job was not in jeopardy and had attempted accommodation, and alternatives (remaining and resolving pay/obtaining other employment) existed, therefore no just cause under s.29.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed