KM v Canada Employment Insurance Commission

KM v Canada Employment Insurance Commission

The claimant voluntarily quit to attend training but had reasonable alternatives at the time of quitting and lacked a referral or authorization prior to leaving; post‑quit documentation does not establish just cause and incorrect advice from Commission agents cannot alter the statutory test, therefore the claimant is not entitled to EI benefits under s.29(c).

Citation
2021 SST 333
Parties
Appellant / Claimant: K. M.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 March 2021
Procedural Posture
Employment Insurance / General Division – Employment Insurance Section Decision
Outcome
Appeal dismissed; claimant disqualified from receiving employment insurance benefits.
Legal Topics
Voluntary Leaving, Just Cause, Training Referral, Authorization to Quit, Eligibility, Service Canada Agent Statements
Source Language
English
Employment Insurance Administrative Law Social Security Voluntary Leaving Just Cause Training Referral Authorization to Quit Eligibility +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

K. M.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / General Division – Employment Insurance Section Decision

Legal Issues

  1. 1 Did the claimant voluntarily leave his employment?
  2. 2 Did the claimant have just cause to leave under section 29(c) of the Employment Insurance Act?
  3. 3 Whether a referral or authorization obtained after quitting can establish just cause

Ratio Decidendi

The claimant voluntarily quit to attend training but had reasonable alternatives at the time of quitting and lacked a referral or authorization prior to leaving; post‑quit documentation does not establish just cause and incorrect advice from Commission agents cannot alter the statutory test, therefore the claimant is not entitled to EI benefits under s.29(c).

Court Disposition

Appeal dismissed; claimant disqualified from receiving employment insurance benefits.

Orders

  • Appeal dismissed
  • Claimant disqualified from receiving employment insurance benefits