Digest of Benefit Entitlement Principles - Chapter 7
- 7.4.0 VARIA
- 7.4.1 Loss of Employment Due to Voluntary Leaving or Dismissal
- Appendix 1 - aide mémoire
7.4.0 Varia
This section is reserved for various subjects related to the issue of misconduct that could be added as circumstances require.
7.4.1 Loss of Employment Due to Voluntary Leaving or Dismissal
In practice it is not always easy for the officer to determine if the loss of employment was due to a voluntary leaving or a dismissal. A person having to chose between resigning or being fired may decide to leave the job in order to preserve the work record. On the other hand, a person who does not advise the employer of a prolonged absence from work could be viewed as a person who wants to leave employment to the point of leading up to a dismissal.
It does not matter whether the case is one of loss of employment through misconduct or voluntary separation without just cause provided that a disqualification would be warranted in either case. Both grounds could be mentioned in the notice of disqualification sent to the claimant1.
There may be situations where the original reason for the cessation of employment has been changed as a result of a grievance2. There may be situations at last such as in the case of a constructive dismissal where the employer simply wanted to get rid of the employee. It could also happen that this person had had enough, and decided to quit the employment. In this situation it would be found that it was a case of constructive dismissal without misconduct or that the voluntary leaving was with just cause3.
- J. Dufour ( A-1398-92, CUB 21715 );
- see 7.2.3, "Step 3: Answering Two Specific Questions Based on the Information Gathered";
- see 6.3.10, "Significant Changes in Work Duties"; Jurisprudence Index/voluntarily leaving employment/applicability/tantamount to dismissal/.