Archived - Digest of Benefit Entitlement Principles Chapter 9 - Section 5

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9.5.0 Good cause

Where there has been a refusal of suitable employment, what must be considered is whether the claimant had good cause for refusing the employment. Even if the prospective employment was suitable, a disqualification is not applicable if the claimant had good cause for refusing it (Laliberte (A-928-96); CUB 35473).

"Good cause" is not defined in the legislation. According to dictionary meanings, "good cause" can be considered as a "reason, motive or ground that may be held to justify something” that is "valid, sound, thorough, or considerable".

Acting in good faith does not necessarily constitute good cause. Good cause can be said to exist where the claimant acted in a prudent and reasonable manner, as any person who is desirous of finding work would have done, under similar circumstances (CUBs 22477, 39747, 40393 and 51249).

[ April 2014 ]

9.5.1 Credibility

In so far as good cause is concerned, the claimant may be required to provide documentary evidence, especially where the refusal of the employment is by reason of health or physical capability, illness in the family, loss of union rights or a promise of employment with another employer (Digest 9.4.1.1 “Health and physical capabilities”; 9.4.1.2 “Hours of work”; 9.6.5 “Union membership”; and 9.6. 9 “Prospect of other work”).

Where the circumstances are such that documentary evidence is not requested, the question becomes one of credibility (CUB 38261). Any plausible and uncontradicted statement can be accepted at face value. A statement may be challenged when it appears unfounded or when it is submitted after the fact (Digest 10.3.0 “Credibility”).

[ April 2014 ]
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