This Court ruled in Smith v. Canada (Attorney General), [1997] F.C.J. No. 1182 that misconduct can result from an act or omission that occurred prior to taking the employment from which the employee is subsequently dismissed if that misconduct is the cause of the dismissal from employment. Otherwise, an employee, knowing that his misconduct while working for an employer could result in his dismissal, could leave that employment to take up a new employment. Then upon dismissal from this new employment, he could claim unemployment benefits because the misconduct occurred before and not during the new employment, although the misconduct was the operative cause of the loss of the new employment.
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