Decision S-1063.87

Case Number Claimant Judge Language Decision date
S-1063.87  Caron Alphonse  Supreme  English 1991-01-17
Decision Appealed Appellant Corresponding Case
Allowed Majority  No N/A  A-1063.87 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  stoppage of work  settlement of dispute 

Summary:

I do not read the FC majority reasons as stating that the end of the dispute necessarily implies termination of the stoppage in every case. Although they occurred on the same day in this case, this may not be the situation in other cases. 68% of workers recalled in aluminum plant on the day the agreement was signed. Nothing in the legislation supports criteria such as level of production and number of employees. Although the end of the dispute and stoppage coincided here, this may not always be so. [Act amended since]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  stoppage of work  strike or lockout 

Summary:

As per FC, a stoppage always results from the fact that one party to a contract does not wish to perform it. If it is the employer, it is called a lockout, otherwise it is a strike. It is the lack of intent which is the essence of a stoppage. SC in substantial agreement.


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