Marginal note:Disqualification — general
27 (1) A claimant is disqualified from receiving benefits under this Part if, without good cause since the interruption of earnings giving rise to the claim, the claimant
(a) has not applied for a suitable employment that is vacant after becoming aware that it is vacant or becoming vacant, or has failed to accept the employment after it has been offered to the claimant;
(b) has not taken advantage of an opportunity for suitable employment;
(c) has not carried out a written direction given to the claimant by the Commission with a view to assisting the claimant to find suitable employment, if the direction was reasonable having regard both to the claimant’s circumstances and to the usual means of obtaining that employment; or
(d) has not attended an interview that the Commission has directed the claimant to attend to enable the Commission or another appropriate agency
(i) to provide information and instruction to help the claimant find employment, or
(ii) to identify whether the claimant might be assisted by job training or other employment assistance.
Marginal note:Termination of referral
(1.1) A claimant is disqualified from receiving benefits under this Part if
(a) the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under employment benefits; and
(b) the Commission has terminated the referral because
(i) without good cause, the claimant has not attended or participated in the course, program or employment activity and, in the opinion of the Commission, it is unlikely that the claimant will successfully complete the course, program or employment activity,
(ii) without good cause, the claimant has withdrawn from the course, program or employment activity, or
(iii) the organization providing the course, program or employment activity has expelled the claimant.
Marginal note:Employment not suitable
(2) For the purposes of this section, employment is not suitable employment for a claimant if
(a) it arises in consequence of a stoppage of work attributable to a labour dispute;
(b) it is in the claimant’s usual occupation either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees, or in the absence of any such agreement, than those recognized by good employers; or
(c) it is not in the claimant’s usual occupation and is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in the claimant’s usual occupation, or would have obtained if the claimant had continued to be so employed.
Marginal note:Reasonable interval
(3) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (2)(c) does not apply to the employment described in that paragraph if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers.
- 1996, c. 23, s. 27
- 2001, c. 34, s. 41(E)
- Date modified: