Latécoère Interconnection Inc. v. Canada Employment Insurance Commission and A. N.

Latécoère Interconnection Inc. v. Canada Employment Insurance Commission and A. N.

Because the claimant was recruited and paid to attend mandatory training integral to the job, then refused to resume the position after a short unpaid waiting period and after a start date was provided, he voluntarily left employment; he lacked reasonable assurance of immediate alternative employment (no firm offer, selection process ongoing) and had the reasonable alternative to accept the Latécoère start date; therefore he did not have just cause under s.29(c) and is disqualified starting June 18, 2018.

Citation
2018 SST 1337
Parties
Appellant / Employer: Latécoère Interconnection Inc.; Respondent / Commission: Canada Employment Insurance Commission; Claimant / Respondent: A. N.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
30 November 2018
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal allowed
Legal Topics
Voluntary Leaving, Just Cause, Reasonable Assurance of Employment, Temporary Layoff, Refusal to Resume Employment
Source Language
English
Employment Insurance Voluntary Leaving Just Cause Reasonable Assurance of Employment Temporary Layoff Refusal to Resume Employment

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Parties

Latécoère Interconnection Inc.

Appellant / Employer

Canada Employment Insurance Commission

Respondent / Commission

A. N.

Claimant / Respondent

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the claimant voluntarily left his employment
  2. 2 Whether the claimant had just cause for leaving his employment
  3. 3 Whether the claimant had reasonable assurance of other employment in the immediate future

Ratio Decidendi

Because the claimant was recruited and paid to attend mandatory training integral to the job, then refused to resume the position after a short unpaid waiting period and after a start date was provided, he voluntarily left employment; he lacked reasonable assurance of immediate alternative employment (no firm offer, selection process ongoing) and had the reasonable alternative to accept the Latécoère start date; therefore he did not have just cause under s.29(c) and is disqualified starting June 18, 2018.

Court Disposition

Appeal allowed

Orders

  • Claimant disqualified from receiving Employment Insurance benefits from June 18, 2018, pursuant to section 29(b.1)(ii) of the Employment Insurance Act.