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).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal basis for dismissal of an employee on the basis that the employee has a valid claim to be entitled to leave? (MultiRegion, United States of America)
Is there any case law where a judge, the judge, and a court employee have been found guilty of misconduct under Heck v Humphrey? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
Can a plaintiff bring a constructive discharge claim against her employer for breach of contract, constructive discharge and wrongful dismissal? (MultiRegion, United States of America)
What is the test for a juror misconduct claim in a case where a convicted defendant has been found guilty of assault and assault? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
In what circumstances will police officers be immune from prosecution if they are found guilty of gross misconduct in a civil case? (MultiRegion, United States of America)
In a constructive dismissal action, what is the effect of the trial judge’s findings of fact in concluding that the respondent's offer amounted to constructive dismissal? (Canada (Federal), Canada)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for a government official to be found guilty of gross misconduct in a civil case? (MultiRegion, United States of America)
