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Employment and Social Development Canada
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Reports: Employment Insurance (EI)
Digest of Benefit Entitlement Principles
Digest of Benefit Entitlement Principles Chapter 7 - Misconduct
Table of contents
7.1.0 A mixed question of law and fact
7.1.1 Legislative Authority
7.1.2 Effect of a Disqualification
7.1.2.1 Indefinite Disqualification
7.1.2.2 Relief from Disqualification
7.1.2.3 Re-Qualifying for Benefits
7.2.0 A three-step process
7.2.1 Step One: Gather Relevant Information from Various Sources
7.2.1.1 Fact-finding with the employer
7.2.1.2 Fact-finding with the claimant
7.2.2 Step Two: Evaluate the Evidence Without Prejudice
7.2.3 Step Three: Make the Decision Based on the Weight of Evidence
7.2.3.1 Benefit of the Doubt
7.2.4 Elements to Consider in a Finding of Misconduct
7.2.4.1 Incident as a Breaking Point
7.2.4.2 Adverse Effect
7.2.4.3 Breach in Employer-Employee Relationship
7.2.4.4 Wilfulness
7.2.4.5 Real Reason for Loss of Employment (Causal Relationship)
7.2.5 Interpretation of the meaning of misconduct
7.2.5.1 Loss of Employment Due to Voluntary Leaving or Misconduct
7.2.5.2 Progressive Discipline
7.2.5.3 Misconduct discovered after dismissal
7.2.5.4 Misconduct prior to date of hire
7.2.5.5 Settlement reached since dismissed
7.2.5.6 Dismissal After Resignation
7.3.0 Misconduct relating to actions or omissions
7.3.1 Absence from work
7.3.1.1 Tardiness
7.3.1.2 Absence Without Notification
7.3.1.3 Absence Without Justification
7.3.1.4 Absence Without Permission
7.3.1.5 Absence/Tardiness and progressive discipline
7.3.2 Insubordination
7.3.2.1 Refusal to perform certain duties
7.3.2.2 Refusal to carry out an order or instruction
7.3.2.3 Refusal to work overtime
7.3.3 Hostile Behaviour
7.3.3.1 Disrespectful conduct
7.3.3.2 Acts of violence
7.3.4 Breach of Rules
7.3.4.1 Dress and Appearance
7.3.4.2 Safety Rules
7.3.4.3 Impairment and Addictions
7.3.4.4 Dereliction of Duty
7.3.4.5 Misuse of Company Resources
7.3.4.6 Criminal Charges and Offences
7.3.5 Incarceration
7.3.6 Loss of Driver’s Licence
7.3.7 Unlawful Union Activity
7.4.0 Periods of Suspension from Employment
7.4.1 Relief from Disentitlement
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Date modified:
2018-10-05
