Summary of Issue: Rationale

Decision 69706 Full Text of Decision 69706

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).

Decision 41482 Full Text of Decision 41482

Compulsive gambling, drug addiction and alcoholism cannot be excuses for addicted person to lose a job and then expect the taxpayers, through the vehicule of Employment Insurance, to bear the burden for them.

Decision 36063 Full Text of Decision 36063

It is well-established in law that employees who no longer meet one of the essential terms and conditions of their employment for reasons entirely attributable to them and who consequently lose their employment cannot rely on the UI system to make up for a shortfall in income.

Decision 22055 Full Text of Decision 22055

Refer to: A-1598.92

Decision A-1598.92 Full Text of Decision A-1598.92

DEBONO quoted with approval: S. 28-30 are provisions in a statute the object of which is to establish a scheme of UI for insured persons who through no fault of their own lose their employment. It is not intended to benefit those who elect not to be employed or lose employment by their own actions.

Decision 11450 Full Text of Decision 11450

To provide aid for Canadians who happen to find themselves unemployed through no fault or act of their own. Insurance against risk of involuntary and blameless loss of employment income. Misconduct relieves insurer of paying. [p. 5]

Decision A-0433.82 Full Text of Decision A-0433.82

S.41-43 are provisions in a statute the object of which is to establish a scheme for UI for insured persons who through no fault of their own lose their employment. Not intended to benefit those who lose their employment by their own actions.

Decision A-0434.82 Full Text of Decision A-0434.82

S.41-43 are provisions in a statute the object of which is to establish a scheme of providing UI for insured persons who through no fault of their own lose their employment. It is not intended to benefit those who elect not to be employed or who lose their employment by their own actions.

Decision A-0241.82 Full Text of Decision A-0241.82

The policy is that no one should benefit fully from a loss of employment if his own misconduct at the work place is involved and no one should lose his insurance benefits if lawful activities are partly the cause of the loss of employment. [p. 10]