Digest of Benefit Entitlement Principles - Chapter 6

The following information is out of date.

6.3.0     Circumstances

6.3.1     Circumstances Prompted by Jurisprudence 
6.3.2     Sexual or Other Harassment
6.3.3     Obligation to Accompany a Spouse or Dependent Child to Another 
            Residence 
6.3.4     Discrimination on a Prohibited Ground
6.3.5     Working Conditions that Constitute a Danger to Health or Safety
6.3.6     Obligation to Care for a Child or a Member of the Immediate Family
6.3.7     Reasonable Assurance of Another Employment in the Immediate Future 
6.3.8     Significant Modification of Terms and Conditions Respecting Wages and 
            Salary
6.3.9     Excessive Overtime Work or Refusal to Pay for Overtime Work
6.3.10   Significant Changes in Work Duties 
6.3.11   Antagonistic Relations Between an Employee and a Supervisor
6.3.12   Practices of an Employer that are Contrary to Law 
6.3.13   Discrimination with Regard to Employment because of Membership in a Union 
6.3.14   Undue Pressure by an Employer on Employees to Leave their Employment


6.3.0    CIRCUMSTANCES

6.3.1    Circumstances Prompted by Jurisprudence

The legislation identifies thirteen specific circumstances that constitute just cause for voluntarily leaving employment¹. The list established by the legislator is not, however, exhaustive. It does not exclude other circumstances that may constitute just cause for voluntarily leaving employment even though they are not on the list². As well, those situations where a person has left employment in accordance with an employer work force reduction process which preserves the employment of co-workers is treated in another section, since it provides for an exception to the Act³.

Moreover, the wording of this legislative provision allows for a great deal of latitude in the analysis of the particular circumstances of each case and in making the decision. The very structure of the wording is revealing as to the intentions of the legislator, who wished to ensure that the Agent maintained the open-mindedness required for making an informed decision that takes into account the objectives of the Act.

The expression "having regard to all the circumstances" at the beginning of the provision means that the officer must take into consideration all the particular circumstances of the case and not limit consideration to those listed for purposes of determining whether leaving was the only reasonable alternative. The circumstances listed in the Act serve to illustrate the kind of circumstances that the officer is to take into consideration in determining whether the person had just cause for leaving employment. If review of the case reveals a circumstance that is not one of those listed, the person may still be able to prove that he or she had just cause for leaving employment, since all the circumstances, listed or not, must be examined.

The next thirteen sections give an overview of each of the circumstances included in the Act, identify the reasonable alternatives that might be expected from a person in the circumstances and state the basic criteria used in determining whether a person had just cause within the meaning of the Act in voluntarily leaving his or her employment.

________________________

1. EIA 29(c)(i) to (xiii);
2. see 6.4.1, "List of 40 Main Reasons Which May Amount To Just Cause"; Jurisprudence Index/voluntarily leaving employment/just cause/no reasonable alternative/;
3. EIA 54(z.2); EIR 51; see 6.5.1, "Work Force Reduction."

 

previous | next