| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
rationale |
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Summary:
First, "misconduct" and "voluntary leaving" are two distinct notions rationally linked together because they both refer to situations where loss of employment results from a deliberate action of the employee. The two notions have also been linked for very practical reasons; namely, that it is often unclear from the contradictory evidence whether the unemployment has resulted from the employee's own misconduct or from the employee's decision to leave. In the end, since the legal issue is a disqualification under subsection 30(1) of the Act, the finding of the Board or the Umpire can be based on any of the two grounds for disqualification as long as it supported by the evidence. There is no prejudice to a claimant in so doing because the claimant knows that what is sought is a disqualification from benefits and he is the one who knows the facts that led to the seeking of the disqualification order. (See Easson FCA A-159-92 and Borden FCA A-338-03).
