| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
directly interested |
|
|
Summary:
Employees of Tembec applied for regular benefits but their applications were denied by the Commission on the basis that there was an ongoing labour dispute. According to s. 36(1) of the EIA, a claimant is not entitled to receive EI benefits when he or she loses or is unable to resume employment due to a work stoppage attributable to a labour dispute. Prior to the hearings before the Umpire, the Commission advised the Umpire and the claimants, that it recommended that the claimants’ appeals be allowed. The issue before the FCA was whether Tembec’s rights to natural justice or procedural fairness have been infringed. In a majority decision, the FCA found that the employer can appeal “as of right” to the Umpire, and that the employer is an interested party within contemplation. Therefore, Tembec was entitled to notice of all decisions and was entitled to receive a copy of the appeal docket prepared by the Commission which was filed with the Umpire.
