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Digest of Benefit Entitlement Principles
Digest of Benefit Entitlement Principles Chapter 6 - Voluntary leaving employment
Table of contents
6.1.0 Introduction
6.2.0 Legislative authority
6.2.1 Effect of a disqualification
6.2.2 Relief from disqualification
6.3.0 Voluntary leaving defined
6.3.1 Voluntary leaving versus misconduct
6.3.2 Voluntary lay-off
6.3.3 Leaving prior to anticipated lay-off or end of term of employment
6.3.4 Dismissal prior to voluntary leaving
6.3.4.1 Notice period not worked – no compensation for the notice period
6.3.4.2 Notice period not worked – compensation received for the notice period
6.3.4.3 Notice period not worked – partial compensation for the notice period
6.3.4.4 Dismissal prior to the end of the notice period (for reasons of misconduct)
6.3.4.5 Voluntary leaving prior to the end of the notice period
6.3.5 Withdrawal of notice of resignation or of dismissal
6.3.6 Refusal to continue or resume employment
6.3.7 Seniority rights not exercised
6.3.7.1 Suspension of seniority rights during a temporary lay-off
6.3.8 Transfer or change in duties not accepted
6.3.9 Threat of resignation or of dismissal
6.3.10 Separation by mutual agreement
6.3.11 Separation attributable to third party
6.3.12 Tantamount to leaving or to dismissal
6.3.13 Termination for absence without leave
6.3.14 Taking leave without pay
6.3.15 Leaving prior to strike or lock-out
6.3.16 Leaving during or after strike or lock-out
6.4.0 The test for just cause
6.4.1 A test reflecting the standards of the jurisprudence
6.4.2 A crucial test: no reasonable alternative but to leave
6.4.3 When all reasonable alternatives have been exhausted
6.4.4 Fact-finding with all parties
6.4.5 Benefit of the doubt
6.5.0 Circumstances specifically reflected in the legislation
6.5.1 Circumstances prompted by jurisprudence
6.5.2 Sexual or other harassment
6.5.3 Obligation to accompany a spouse, common-law partner or dependent child to another residence
6.5.4 Discrimination on a prohibited ground
6.5.5 Working conditions that constitute a danger to health or safety
6.5.6 Obligation to care for a child or a member of the immediate family
6.5.7 Reasonable assurance of another employment in the immediate future
6.5.7.1 Leaving an employment held concurrently with another employment
6.5.7.2 Leaving permanent employment for temporary/seasonal employment
6.5.8 Significant modification of terms and conditions respecting wages and salary
6.5.9 Excessive overtime work or refusal to pay for overtime work
6.5.10 Significant changes in work duties
6.5.11 Antagonistic relations between an employee and a supervisor
6.5.12 Practices of an employer that are contrary to law
6.5.13 Discrimination with regard to employment because of membership in a union
6.5.14 Undue pressure by an employer on employees to leave their employment
6.6.0 Periods of leave
6.6.1 Leave of absence
6.6.2 Authorized period of leave - section 32
6.7.0 Workforce reduction
6.7.1 Regulatory authority
6.7.2 Within a particular context
6.7.3 Definition by Regulation
6.7.4 Distinct responsibilities
6.7.5 Important questions
6.8.0 Checklist
6.8.1 List of 40 main circumstances to take into consideration (alphabetical order)
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Date modified:
2021-03-23
