Misconduct

II. Principles of Law

(a) Purpose of the Legislation

The purpose of these sections "is to impose a disqualification as a kind of punishment for undesirable conduct which falls short of the true unemployment the Act intends to benefit." The Act is intended to compensate those individuals whose employment has been terminated involuntarily and who are without work. The Act is not intended to benefit those individuals who lose their employment by their own misconduct.

Canada (A.G.) v. Kenny (1983), F.C.J. No. 511 (F.C.A.) A-433-82 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Debono (1983), F.C.J. No. 512 (F.C.A.) A-434-82 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Tucker, [1986] 2 F.C. 329 (F.C.A.) A-381-85 Judgment Of The Federal Court Of Appeal
Hills v. Canada (A.G.) , [1988] 1 S.C.R. 513 (S.C.C.) File No. 19094 A-175-84 Judgment Of The Federal Court Of Appeal
Canada (A.G) v. Martel (1994), 175 N.R. 275 (F.C.A.) A-1691-92 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. McLaughlin, [1995] F.C.J. No. 1458 (F.C.A.) A-244-94 Judgment Of The Federal Court Of Appeal

Where an employee, through his own actions, can no longer perform the services required from him under the employment contract and as a result loses his employment, that employee "cannot force others to bear the burden of his unemployment, no more than someone who leaves the employment voluntarily."

Canada (A.G.) v. Brissette, [1994] 1 F.C. 684 (F.C.A.) A-1342-92 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Lavallee, [2003] F.C.J. No. 913 (F.C.A.) A-720-01 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Borden, [2004] F.C.J. No. 781 (F.C.A.) A-338-03 Judgment Of The Federal Court Of Appeal

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