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Digest of Benefit Entitlement Principles   Chapter 6 - Section 8

6.8.0 Checklist

Circumstances to take into consideration when determining if just cause exits for voluntarily leaving employment are not limited to only the situations currently defined in the Act. This is a list of 40 main reasons that the jurisprudence has historically considered in this regard.

It must be borne in mind that, within the terms of the legislation, just cause for voluntarily leaving employment exists where, having regard to all the circumstances, the claimant had no reasonable alternative to leaving employment.

6.8.1 List of 40 Main Circumstances to Take Into Consideration (Alphabetical Order)

  1. Adoption–leave not granted
  2. Armed forces–failure to re-enlist for a further term
  3. Course of instruction or an employment activity–referred by a designated authority and starting within a short term
  4. Disciplinary action–penalty clearly disproportionate
  5. Discrimination on a prohibited ground
  6. Duties–intolerable situation
  7. Health adversely affected by work or working environment
  8. Health adversely affected–on credible and convincing explanations from the claimant
  9. Health adversely affected–on doctor's advice
  10. Illness in immediate family–presence required
  11. Intolerable situations–living accommodations, food, facilities, employment amenities
  12. Moral objections based on religious beliefs
  13. Moral objections: employer's practices contrary to professional ethics, law
  14. Moral objections: illegal activities or contrary to fundamental ethical values
  15. Moving because of an anticipated marriage
  16. Moving with parents in the case of a minor
  17. Obligation to accompany a spouse, common-law partner or dependent child to another residence
  18. Obligation to care for a child or a member of the immediate family
  19. Overtime–excessive hours
  20. Overtime–failure to pay
  21. Pregnancy–incapacity to work and leave not granted
  22. Reasonable assurance of another Employment in the immediate future
  23. Relation with authority–hostile atmosphere created by superiors
  24. Relation with co-workers–abusive treatment
  25. Retirement–undue pressures from employer
  26. Sexual or other harassment
  27. To start a business or to become self-employed in a near future
  28. Transportation problems–serious, even insolvable
  29. Union relations–employer's abusive treatment
  30. Union relations–no longer acting as strike-breaker
  31. Wages–formal promise of increase not fulfilled
  32. Wages–hiring conditions not honoured
  33. Wages–loss due to employer's financial difficulties
  34. Wages–unjustified reduction
  35. Wages or salary less than provided by legislation
  36. Work away from family–serious illness in the family
  37. Work away from family–after a reasonable period of absence
  38. Working conditions–significant unilateral changes
  39. Working conditions–unreasonable, restrictive
  40. Working conditions that constitute a danger to health or safety

Information

Reason No. 1: Adoption-leave not granted

Raison d'être:

  • the payment of parental benefits are founded on the decision of the person to remain at home in order to care for the new-born or the legally adopted child;
  • preserves, by means of a suspension of the disqualification, the payment of these benefits even though the person is disqualified;

Reference:

Reasonable alternative:

  • continue to work until the end of the week preceding the period for which parental benefits are payable;
  • request a leave of absence with the intention to resume after this specific period;

Just cause:

  • the period of the absence from employment is limited to that period for which parental benefits are payable;
  • if the voluntary leaving employment is without just cause, the disqualification will nonetheless be suspended during the period for which parental benefits are payable to the claimant.

Information

Reason No. 2: Armed forces–failure to re-enlist for a further Term

Raison d'être:

  • the jurisprudence recognizes the right to not renew one's contract in the Armed Forces when it expires;

Reference:

Reasonable alternative:

  • not applicable;

Just cause:

  • contract expired and is not renewed;
  • does not include situations where the leaving is before the anticipated end of the contract.

Information

Reason No. 3: Course of instruction or an employment Activity–referred by a designated authority and starting within a short term

Raison d'être:

  • promote training and upgrading of workers and increase their possibility of obtaining more regular employment or corresponding more to their aspirations;
  • jurisprudence has recognized the right to leave employment to follow a course when directed by an authority designated by the Commission;

Reference:

Reasonable alternative:

  • shorten the interval between the period of unemployment and the start of the course or the employment activity;

Just cause:

  • leaving two weeks before the course or the employment activity is to start on the advice the designated authority;
  • leaving earlier than two weeks before the course or the employment activity with credible declarations on the necessity for preparations (e.g. moving) which require more than two weeks;
  • does not include situations where the leaving is because of a desire to take a course on one's own initiative, without the authority of the designated referral authority.

Information

Reason No. 4: Disciplinary action–penalty clearly disproportionate

Raison d'être:

  • avoid abuse by employers;

Reference:

  • based on jurisprudence;

Reasonable alternative:

  • speak to the employer;
  • resort to the union;
  • use the provisions of the collective agreement;

Just cause:

  • penalty truly disproportionate, no recourse or recourses exhausted.

Information

Reason No. 5: Discrimination on a prohibited ground

Raison d'être:

  • avoid discrimination within the meaning of the Canadian Human Rights Act;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • request a transfer to another division;
  • contact the union;
  • use the provisions in the collective agreement;
  • consider using human rights legislation in the case of systemic discrimination;

Just cause:

  • no reasonable alternative but to leave;
  • existing reasonable alternatives failed to remedy the situation;
  • valid reason for not having used reasonable alternatives.

Information

Reason No. 6: Duties–intolerable situation

Raison d'être:

  • to ensure reasonably decent conditions of employment;
  • avoid abuse by employers;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • contact the union;
  • use the provisions in the collective agreement;

Just cause:

  • situation genuinely intolerable, not just difficult or unpleasant;
  • does not include cases where a person is simply dissatisfied;
  • the fact that many people left can be an indicator;
  • unreasonable addition of tasks or responsibilities;
  • downgrading not justified;
  • indications of constructive dismissal;
  • no reasonable alternative but to leave;
  • existing reasonable alternatives failed to remedy the situation.

Information

Reason No. 7: Health Adversely affected by work or working environment

Raison d'être:

  • recognizes the right to be absent or to leave employment in the case of illness;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • request a transfer to another division;
  • contact the union;
  • use the provisions in the collective agreement;
  • file a complaint under occupational safety and health legislation;

Just cause:

  • real danger not inherent in the occupation;
  • no other reasonable alternative;
  • recourse exhausted;
  • medical or other certificate confirming that the working conditions are a health hazard.

Information

Reason No. 8: Health adversely affected–on credible and convincing explanations from the claimant

Raison d'être:

  • recognizes the right to be absent or to leave employment in the case of illness;

Reference:

Reasonable alternative:

  • speak to the employer;
  • explore the possibility of a transfer to more suitable employment;
  • resort to the union;
  • use the provisions of the collective agreement;
  • seek a leave of absence if the situation is temporary;

Just cause:

  • credible declaration;
  • conclusive declaration that it was no longer reasonable to continue in that state;
  • no other reasonable alternative to quitting.

Information

Reason No. 9: Health adversely affected–on doctor's advice

Raison d'être:

  • recognizes the right to be absent or to leave employment in the case of illness;

Reference:

Reasonable alternative:

  • speak to the employer;
  • examine the possibility of being transferred to more suitable employment;
  • resort to the union;
  • use the provisions of the collective agreement;
  • request a leave of absence if the situation is temporary;

Just cause:

  • medical documentation on file attesting that it was not reasonable to continue in that state;
  • no other reasonable alternative to quitting.

Information

Reason No. 10: Illness in immediate family–presence required

Raison d'être:

  • situation is outside the control of the claimant;
  • when the claimant's immediate family member is seriously ill and requires care;

Reference:

Reasonable alternative:

  • seek help from relatives, friends or neighbours;
  • try to engage the services of another person on a regular basis;
  • try to change the work schedule;
  • consider sharing responsibilities with other family members;
  • request leave from the employer;

Just cause:

  • presence required rather than a deliberate personal choice;
  • no reasonable alternative but to leave;
  • recourse exhausted.

Information

Reason No. 11: Intolerable situations–Living accommodations, food, facilities, employment amenities

Raison d'être:

  • the jurisprudence recognizes as a right the legitimate hope of a reasonably suitable work place with essential amenities;

Reference:

  • based on jurisprudence;

Reasonable alternative:

  • speak to the employer;
  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under appropriate organizations;

Just cause:

  • situation truly intolerable rather than simply lacking or disagreeable;
  • the fact that many employees have quit could serve as an indicator;
  • situation clearly unsatisfactory and little chance of improving soon;
  • no other reasonable alternative to quitting;
  • existing reasonable alternatives cannot resolve the situation.

Information

Reason No. 12: Moral objections based on religious beliefs

Raison d'être:

  • recognizes the right to conform with one's religious beliefs;
  • jurisprudence recognizes the right to leave employment when an employer is not willing to accommodate a person who wishes to do so;

Reference:

  • other Act – Charter of Rights and Freedoms – par. 2(a) and (b);

Reasonable alternative:

  • speak to the employer;
  • explore compromises which will still respect one's beliefs;
  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under human rights statutes;

Just cause:

  • credible declaration or declaration from another source;
  • the objection is serious and founded on true grounds and not a simple pretext to quit;
  • recourse exhausted without success;
  • no other reasonable alternative to quitting in order to maintain the claimant's convictions.

Information

Reason No. 13: Moral objections: employer's practices contrary to professional ethics, law

Raison d'être:

  • recognizes the right to oppose practices contrary to professional ethics, to the law;

Reference:

Reasonable alternative:

  • speak to the employer;
  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under the human rights statutes;

Just cause:

  • practices are truly unacceptable rather than a simple perception not founded on reasonable grounds;
  • no other reasonable alternative to quitting even in the absence of another employment;
  • existing reasonable alternatives cannot resolve the situation;
  • not necessary to pursue recourse in the courts.

Information

Reason No. 14: Moral objections: Illegal activities or contrary to fundamental ethical values

Raison d'être:

  • recognizes the right to refuse to participate in illegal activities or that are contrary to one's conscience;

Reference:

Reasonable alternative:

  • speak to the employer;
  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under the human rights statutes;

Just cause:

  • activities are truly not acceptable according to the law or the claimant's own conscience;
  • more than a simple perception not founded on reasonable grounds;
  • no other reasonable alternative to quitting, even in the absence of another employment;
  • existing reasonable alternatives cannot resolve the situation;
  • not necessary to pursue recourse in the courts.

Information

Reason No. 15: Moving because of an anticipated marriage

Raison d'être:

  • society expects that a couple tied by marriage will live under the same roof;

Reference:

Reasonable alternative:

  • explore the possibility of travelling daily between the place of employment and the new residence;
  • examine the possibility of a transfer to the employer's branch at the new residence;
  • seek new employment at the new location if the definite arrangements for the upcoming marriage have not yet been made;

Just cause:

  • distance is too great to travel on a daily basis;
  • no possibility of an immediate transfer before the marriage;
  • definite arrangements have been made for the marriage to shortly take place;
  • does not include situations where the departure was premature and more of a personal choice rather than the necessity to make the arrangements for the marriage and the resultant relocation.

Information

Reason No. 16: Moving with parents in the case of a minor

Raison d'être:

  • the jurisprudence supports obligations recognized by the community;
  • it even recognizes the legal obligation of parents towards their children until they reach the age of majority;
  • this situation also finds itself in par. 29(c)(ii) and (v) which recognize the rights of parents to leave employment when it is necessary to accompany or care for a child;

Reference:

  • based on jurisprudence;

Reasonable alternative:

  • explore the possibility of daily travel;
  • try to have the work schedule modified;

Just cause:

  • distance too great to travel on a daily basis;
  • means of transportation do not exist or are inadequate.

Information

Reason No. 17: Obligation to accompany a spouse, common-law partner or dependent child to another residence

Raison d'être:

  • when the spouse or common-law partner relocates;
  • when a dependent child requires extended care at an establishment at another location.

Reference:

Reasonable alternative:

  • commute daily or periodically;
  • live apart on a temporary basis;
  • look for employment in the new region before leaving;
  • request leave from the employer;

Just cause:

  • situation not strictly temporary or short term;
  • distance too great to commute daily;
  • dependent child must live elsewhere; change in place of residence necessary.

Information

Reason No. 18: Obligation to care for a child or a member of the immediate family

Raison d'être:

  • situation is outside the control of the claimant;
  • situation of a child due to minor age or for other reason, or an immediate family member, requires care;

Reference:

Reasonable alternative:

  • seek help from relatives, friends or neighbours;
  • try to engage the services of another person on a regular basis;
  • try to change the work schedule;
  • consider sharing responsibilities with other family members;
  • request leave from the employer.

Just cause:

  • presence required rather than a deliberate personal choice;
  • no reasonable alternative but to leave;
  • recourse exhausted.

Information

Reason No. 19: Overtime–excessive hours

Raison d'être:

  • unreasonable for a person to work excessive hours of overtime;
  • avoid abuse by employers;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • contact the union;
  • use the provisions in the collective agreement;
  • consider the possibility of filing a complaint under labour standards legislation;

Just cause:

  • excessive number of hours other than in an emergency or on a short-term basis;
  • overtime required by employer, not a deliberate choice;
  • does not include long hours inherent in some occupations;
  • no cash payment or other compensation;
  • no recourse or remedies exhausted.

Information

Reason No. 20: Overtime–failure to pay

Raison d'être:

  • unreasonable for one to work overtime without compensation;
  • avoid abuse by employers;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • contact the union;
  • use the provisions in the collective agreement;
  • consider the possibility of filing a complaint under labour standards legislation;

Just cause:

  • excessive number of hours other than in an emergency or on a short-term basis;
  • overtime required by employer, not a deliberate choice;
  • does not include long hours inherent in some occupations;
  • no cash payment or other compensation;
  • no recourse or remedies exhausted.

Information

Reason No. 21: Pregnancy–incapacity to work and leave not granted

Raison d'être:

  • the payment of maternity benefits is founded more on the state of the person rather than the willingness to hold or not an employment during a given period;
  • by means of suspending the disqualification, preserve the payment of these benefits even though the person is disqualified;

Reference:

Reasonable alternative:

  • continue to work during the period preceding the period for which maternity benefits are payable, while her state of pregnancy permits;
  • request a leave of absence with the intention to resume after this specific period;
  • request a transfer to other duties in case of incapacity or danger to the claimant or to the unborn child;

Just cause:

  • the period of absence from employment is that period for which maternity benefits are payable;
  • medical certificate or other reliable source attesting that the claimant's state does not allow her to remain at work for another period;
  • no possibility to be transferred to other duties which are more suitable to her state;
  • in the case where a voluntary leaving employment is without just cause, the disqualification will nonetheless be suspended for the period for which maternity benefits are payable to the claimant.

Information

Reason No. 22: Reasonable assurance of another employment in the immediate future

Raison d'être:

  • permit persons to take more suitable employment;

Reference:

Reasonable alternative:

  • try to withdraw the resignation or get the old job back.

Just cause:

  • genuine promise of other employment in the immediate future;
  • not obtained for reasons beyond the person's control;
  • new employment would not have created an unemployment situation (full-time vs part-time or on-call, permanent vs temporary);
  • searching for or obtaining new employment after leaving is not sufficient.

Information

Reason No. 23: Relation with authority–hostile atmosphere created by superiors

Raison d'être:

  • one should not indefinitely endure an intolerable atmosphere created by superiors;
  • avoid abuse by employers;

Reference:

Reasonable alternative:

  • report the situation to a higher level;
  • request a transfer;
  • contact the union;
  • use the provisions in the collective agreement;
  • look for another job;

Just cause:

  • indications of constructive dismissal;
  • situation recurs regularly, not occasionally;
  • does not include cases where the person himself or herself aggravates the situation;
  • no reasonable alternative but to leave, even without another job;
  • existing reasonable alternatives failed to remedy the situation.

Information

Reason No. 24: Relation with co-workers–abusive treatment

Raison d'être:

  • the jurisprudence recognizes the right not to remain in those situations where the person is treated in an abusive manner even when it is a situation involving co-workers rather than the employer;
  • situation which is similar to the circumstances defined in par. 29(c)(i) which does not specify the author of the harassment.

Reference:

Reasonable alternative:

  • make it known to superiors;
  • request a transfer;
  • resort to the union;
  • seek other employment elsewhere.

Just cause:

  • recourse exhausted without success;
  • no other reasonable alternative to quitting even in the absence of other employment;
  • does not include situations where the claimant incited the situation;
  • generally does not include an isolated event;
  • does not include situations of occasional impoliteness or a simple personality conflict and nothing else.

Information

Reason No. 25: Retirement–undue pressures from employer

Raison d'être:

  • anticipates the situation where the employer no longer wishes to keep an employee with seniority but does not want to fire that employee;

Reference:

Reasonable alternative:

  • contact the union;
  • use the provisions in the collective agreement;
  • look for another job;

Just cause:

  • pressure truly intolerable for some time;
  • does not include early leaving without searching for other employment;
  • does not include innuendo based more on pretext than on genuine grounds;
  • does not include leaving simply to receive certain monetary benefits.

Information

Reason No. 26: Sexual or other harassment

Raison d'être:

  • harassment of any kind is unacceptable;

Reference:

Reasonable alternative:

  • discuss the problem with the employer;
  • request a transfer to another division;
  • contact the union;
  • use the provisions in the collective agreement;
  • not necessary to initiate or await the outcome of legal proceedings (labour or human rights).

Just cause:

  • harassment intolerable for any period;
  • no other reasonable alternative than to leave;
  • existing reasonable alternatives failed to remedy the situation;
  • valid grounds for not having used reasonable alternatives.

Information

Reason No. 27: To Start a business or to become self-employed in a near future

Raison d'être:

  • permit a person to take more suitable employment;

Reference:

Reasonable alternative:

  • try to withdraw the resignation or get the old job back;

Just cause:

  • genuine promise of other employment in the immediate future;
  • not obtained for reasons beyond the person's control;
  • new employment would not have created an unemployment situation (full-time vs part-time or on-call, permanent vs temporary);
  • searching for or obtaining new employment after leaving is not sufficient.

Information

Reason No. 28: Transportation problems–serious, even insolvable

Raison d'être:

  • the jurisprudence recognizes the right of a claimant to leave employment when transportation difficulties cannot be resolved;

Reference:

Reasonable alternative:

  • speak to the employer;
  • find out about commuting with co-workers;
  • request leave until a solution is found;
  • examine the possibility of transferring to a closer location;
  • examine the possibility of moving closer;
  • resort to the union;

Just cause:

  • real difficulties outside the control of the claimant;
  • cannot be resolved even after appropriate attempts;
  • no other reasonable alternative to quitting.

Information

Reason No. 29: Union relations–employer's abusive treatment

Raison d'être:

  • recognizes the right to be a member of an association or union and to observe their lawful rules;

Reference:

Reasonable alternative:

  • contact the union;
  • use the provisions in the collective agreement;
  • consider taking recourse under labour rights legislation.

Just cause:

  • indications that the employer is using tactics that violate the free exercise of lawful union activities;
  • does not include pressure, such as the threat of fines or expulsion, applied by his or her own union rather than the employer;
  • no recourse or remedies exhausted.

Information

Reason No. 30: Union relations–no longer acting as strike-breaker

Raison d'être:

  • remain neutral and not give an advantage to any one party in the dispute;
  • requiring strike-breakers to remain at work would be contrary to this principle;

Reference:

Reasonable alternative:

  • ask the employer for a transfer to another position or service not affected by the dispute;

Just cause:

  • employment in question is normally held by employees on strike or locked out;
  • no possibility of transfer elsewhere.

Information

Reason No. 31: Wages–formal promise of increase not fulfilled

Raison d'être:

  • protect workers where an employer breaks the employment contract;

Reference:

Reasonable alternative:

  • try to reach an agreement with the employer;
  • contact the union;
  • use the provisions in the collective agreement.

Just cause:

  • genuine promise of pay increase or advancement made at the time of hiring or afterward;
  • definite, not vague agreement as to wages;
  • reason given by the employer does not justify the decrease in pay;
  • actual decrease in pay not minimal;
  • actual or potential loss of wages based on reasonable grounds;
  • mere suspicion about the solvency of the employer not sufficient;
  • no recourse or remedies exhausted.

Information

Reason No. 32: Wages–hiring conditions not honoured

Raison d'être:

  • discourage hiring under false pretences;
  • protect workers from a breach in the conditions of employment by the employer;

Reference:

Reasonable alternative:

  • try to reach an agreement with the employer;
  • contact the union;
  • use the provisions in the collective agreement;

Just cause:

  • genuine promise of pay increase or advancement made at the time of hiring or afterward;
  • definite, not vague agreement as to wages;
  • reason given by the employer does not justify the decrease in pay;
  • actual decrease in pay not minimal;
  • actual or potential loss of wages based on reasonable grounds;
  • mere suspicion about the solvency of the employer not sufficient;
  • no recourse or remedies exhausted.

Information

Reason No. 33: Wages–loss due to employer's financial difficulties

Raison d'être:

  • right to receive salary for work done;

Reference:

Reasonable alternative:

  • try to reach an agreement with the employer;
  • contact the union;
  • use the provisions in the collective agreement;

Just cause:

  • genuine promise of pay increase or advancement made at the time of hiring or afterward;
  • definite, not vague agreement as to wages;
  • reason given by the employer does not justify the decrease in pay;
  • actual decrease in pay not minimal;
  • actual or potential loss of wages based on reasonable grounds;
  • mere suspicion about the solvency of the employer not sufficient;
  • no recourse or remedies exhausted.

Information

Reason No. 34: Wages–unjustified reduction

Raison d'être:

  • legitimate hope to increase or at least maintain one's salary level;

Reference:

Reasonable alternative:

  • try to reach an agreement with the employer;
  • contact the union;
  • use the provisions in the collective agreement.

Just cause:

  • genuine promise of pay increase or advancement made at the time of hiring or afterward;
  • definite, not vague agreement as to wages;
  • reason given by the employer does not justify the decrease in pay;
  • actual decrease in pay not minimal;
  • actual or potential loss of wages based on reasonable grounds;
  • mere suspicion about the solvency of the employer not sufficient;
  • no recourse or remedies exhausted.

Information

Reason No. 35: Wages or salary less than provided by legislation

Raison d'être:

  • discourage non-compliance with existing legislation;

Reference:

Reasonable alternative:

  • make the employer aware of the complaint;
  • explore the possibility of making a complaint under the employment standards statutes.

Just cause:

  • salary is inferior to that prescribed by law, even after informing the employer of the situation;
  • no recourse or remedies exhausted.

Information

Reason No. 36: Work away from family–serious illness in the family

Raison d'être :

  • recognizes the legitimate desire to be with the family members when there is a serious illness;

Reference:

Reasonable alternative

  • request a leave of absence if the situation is of a short duration;

Just cause:

  • the illness is of such seriousness that it necessitates the claimant's presence at home;
  • confirmation by medical documents or other sources that are credible and unbiased;
  • distance is too great to be travelled daily.

Information

Reason No. 37: Work away from family–after a reasonable period of absence

Raison d'être:

  • recognizes the right of a couple or family to live under the same roof;
  • encourage working in far away or isolated locations without being denied benefits.

Reference:

Reasonable alternative:

  • seek closer new employment before quitting;

Just cause:

  • had accepted to work far away where there was no possibility to move the claimant's family and a reasonable period has already lapsed;
  • had accepted to work far away in the hope to move the claimant's family later, which after some time has proven to be impractical;
  • distance is too great for daily or periodic travel;
  • after a period of time employment did not materialize, or it was not possible to search for employment because of the distance.

Information

Reason No. 38: Working conditions–significant unilateral changes (Duties, Hhours of work, Wages, Responsibilities)

Raison d'être:

  • protect employees from significant changes made by the employer to their contract of employment;

Reference:

Reasonable alternative:

  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under employment standards statutes.

Just cause:

  • conditions of employment are greatly inferior;
  • the number of hours are excessive;
  • unreasonable addition of duties or responsibilities;
  • reduction is not justifiable;
  • indications point to a constructive dismissal;
  • no other reasonable alternative to quitting.

Information

Reason No. 39: Working conditions–unreasonable, restrictive

Raison d'être:

  • right to refuse unreasonable requests by the employer;
  • avoid abuse by employers;

Reference:

Reasonable alternative:

  • speak to the employer;
  • resort to the union;
  • use the provisions of the collective agreement;
  • explore the possibility of recourse under the employment standards or human rights statutes;
  • seek employment elsewhere.

Just cause:

  • request clearly unacceptable;
  • situation clearly intolerable even in the absence of another employment;
  • no other reasonable alternative to quitting;
  • existing reasonable alternatives cannot resolve the situation;
  • does not include situations where the request was simply seen as disagreeable or contrary to the expectations of the worker.

Information

Reason No. 40: Working conditions that constitute a danger to health or safety

Raison d'être:

  • protect the health and security of the individual;

Reference:

Reasonable alternative:

  • discuss the situation with the employer;
  • request a transfer to another division;
  • contact the union;
  • use the provisions in the collective agreement;
  • file a complaint under occupational safety and health legislation.

Just cause:

  • real danger not inherent in the occupation;
  • no other reasonable alternative;
  • recourse exhausted;
  • medical or other certificate confirming that the working conditions are a health hazard.

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