What is the test for a claim for constructive dismissal of an employee who is found guilty of gross misconduct?
Canada (Federal), Canada
The following excerpt is from G. N. v Canada Employment Insurance Commission, 2017 CanLII 98587 (SST):
The misconduct must be committed by the claimant while employed by the employer and must constitute a breach of a duty that is express or implied in the contract of employment. There must therefore be a connection between the loss of the employment and the act complained of (Attorney General of Canada v. Brissette, A-1342-92).
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