What is the test for disqualifying a claimant from claiming benefits under section 30 of the Employment Benefits Act?
Canada (Federal), Canada
The following excerpt is from R. Z. v Canada Employment Insurance Commission and Gap Canada, 2017 CanLII 147716 (SST):
Section 30 of the Act provides that a claimant is disqualified from receiving benefits if the claimant voluntarily left any employment without just cause. The burden of proof is on the Respondent to show that the leaving was voluntary; then, the burden of proof shifts to the Appellant to demonstrate just cause for leaving (Green v. Attorney General of Canada, 2012 FCA 313).
The Tribunal must first determine whether the Appellant left his employment voluntarily. The test for assessing voluntary leaving can be found in Attorney General of Canada v. Peace, 2004 FCA 56 at paragraph 15: Under subsection 30(1), the determination of whether an employee has voluntarily left his employment is a simple one. The question to be asked is as follows: did the employee have a choice to stay or to leave?
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