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    II. Principles of Law

    (j) Reasonable Assurance of Another Employment

    The situation described in paragraph 29(c)(vi) of the Employment Insurance Act assumes three things: "reasonable assurance", "another employment", and the "immediate future".

    Canada (A.G.) v. Lessard, [2002] F.C.J. No. 1655 (F.C.A.) A-249-01
    Canada (A.G.) v. Wall, (2002) 293 N.R. 338 (F.C.A.)
    Canada (A.G.) v. Bedard, (2004) D.L.R. (4th) 763 (F.C.A.)
    Canada (A.G.) v. Bordage, 2005] F.C.J. No. 751 (F.C.A.) A-506-04

    A conditional offer of employment does not constitute "reasonable assurance of another employment".

    Canada (A.G.) v. Shaw, [2002] F.C.J. No. 1290 (F.C.A.) A-41-02
    Canada (A.G.) v. Laughland, [2003] F.C.J. No. 414 (F.C.A.) A-76-02

    Absent any offer by the prospective employer, any contact between that employer and the claimant, and any idea as to what the work or remuneration would be, there is no "assurance" and there is no "employment".

    Canada (A.G.) v. Sacrey, [2003] F.C.J. No. 1501 (F.C.A.) A-123-03

    Most of the situations contemplated by paragraph 29(c) of the Employment Insurance Act relate to incidents or actions that arise in the context of the employment held by the claimant. However subparagraph 29(c)(vi), “reasonable assurance of another employment”, is intended for an entirely different scenario, one that involves a change of employment, so it is not a matter of coming up with or applying a remedy within a single employment context where alternatives to leaving can be easily envisaged. One must view the “no-reasonable alternative” requirement set out in paragraph 29(c) and the related case law from a different perspective when applying it to situations where the person leaves his employment with the reasonable assurance of another employment in the immediate future.

    Canada (A.G.) v. Langlois, 2008 FCA 18 A-75-07

    A claimant may leave his or her job for seasonal employment and still be able to demonstrate just cause. In the case of seasonal employment, the time of the voluntary separation and the remaining duration of the seasonal employment are the most important circumstances to consider in determining whether leaving was a reasonable alternative and, accordingly, whether there was just cause for it. However, switching to seasonal employment late in the season when it is about to end creates a certainty of unemployment for which there can be no just cause.

    Canada (A.G.) v. Langlois, 2008 FCA 18 A-75-07

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    2009-05-06