GF v Canada Employment Insurance Commission

GF v Canada Employment Insurance Commission

Claimant did not have just cause because he lacked the required one-year cohabitation to establish an obligation to accompany a partner and he failed to make earnest efforts to secure employment in the destination province before resigning; therefore he had a reasonable alternative to leaving and is disqualified from EI benefits.

Citation
2023 SST 830
Parties
Appellant/claimant: G. F.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 January 2023
Procedural Posture
Employment Insurance Appeal / General Division Decision (videoconference Hearing)
Outcome
Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits.
Legal Topics
Voluntary Leaving, Just Cause, Reasonable Alternatives to Leaving, Obligation to Accompany Spouse/common Law Partner, Cohabitation Requirement, Disqualification From Benefits
Source Language
English
Employment Insurance Voluntary Leaving Just Cause Reasonable Alternatives to Leaving Obligation to Accompany Spouse/common Law Partner Cohabitation Requirement Disqualification From Benefits

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Parties

G. F.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Appeal / General Division Decision (videoconference Hearing)

Legal Issues

  1. 1 Whether the claimant voluntarily left employment without just cause
  2. 2 Whether the claimant had a reasonable alternative to leaving before resigning
  3. 3 Whether the claimant had an obligation to accompany a spouse or common-law partner

Ratio Decidendi

Claimant did not have just cause because he lacked the required one-year cohabitation to establish an obligation to accompany a partner and he failed to make earnest efforts to secure employment in the destination province before resigning; therefore he had a reasonable alternative to leaving and is disqualified from EI benefits.

Court Disposition

Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits.

Orders

  • Appeal dismissed
  • Claimant disqualified from receiving Employment Insurance benefits