A press operator at a printing company who blocked his employer’s phone numbers so it couldn’t reach him after being laid off has lost his appeal for Employment Insurance (EI) benefits after the Social Security Tribunal of Canada ruled he did not have just cause for leaving his job and had reasonable alternatives to quitting.
B.N.’s journey through the tribunal began when he was laid off from his position due to a shortage of work on Jan. 28, 2022. The layoff was initially expected to last 12 weeks, with an anticipated return date of April 22, 2022. B.N.’s employer provided a Record of Employment (ROE) citing a “shortage of work” as the reason for the layoff. However, complications arose when B.N. failed to return to work upon recall.
In February 2022, B.N. applied for EI benefits, citing “shortage of work” as the reason for separation. His employer later attempted to recall him earlier than anticipated, around late March 2022, after securing a contract to print ballots for the provincial election.
Despite several efforts to contact him, B.N. did not respond to the employer’s mail or phone messages and did not return to work on the requested date of April 5, 2022.
The employer subsequently amended B.N.’s ROE on April 29, 2022, indicating that he had “not returned,” effectively considering him as having quit his job. The Canada Employment Insurance Commission then decided that B.N. had voluntarily left his job without just cause, rendering him ineligible for EI benefits.
B.N. contended that he did not abandon his job and was under the impression that his recall date was March 14, 2023, consistent with an amended ROE submitted by his lawyer. He also argued that he was constructively dismissed and initiated a lawsuit against his employer for wrongful dismissal.
However, the tribunal found inconsistencies in B.N.’s arguments and the evidence presented. Despite B.N.’s claims, the tribunal determined that the employer’s efforts to recall B.N. were credible and that B.N. had reasonable alternatives to leaving his job. The tribunal noted several points of evidence supporting this conclusion:
Contemporaneous ROEs: The original ROE and the amended ROE#2, issued contemporaneously with the events, were given more weight than ROE#3, which was issued long after the separation from employment.
Layoff letter: The layoff letter specified that B.N. might be called back earlier with two days’ notice, or otherwise expected to return on April 22, 2022, without further contact.
Appellant’s own testimony: B.N. admitted to blocking his employer’s communications and provided inconsistent statements about his employment status.
The tribunal concluded that B.N.’s refusal to return to work when recalled, coupled with his lack of credible evidence to support his claims, led to the finding that he voluntarily left his job without just cause. Consequently, B.N. was disqualified from receiving EI benefits.
For more information, see BN v Canada Employment Insurance Commission, 2024 SST 447 (CanLII).
