The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

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Decision 73844      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
The claimant lost her employment because of a work stoppage arising from a labour dispute. The BoR asked whether the claimant met the conditions under which a claimant may be excused from a disentitlement, which are as follows: the claimant must not have participated in the dispute; the claimant must not have financed the dispute; and the claimant must not have been directly interested in the dispute. It was business as usual for the company, even though the employer and the flight attendants were embroiled in a dispute. By hiring and training replacement employees, the employer took the measures required to ensure that operations would continue. However, this constitutes no more or no less than an unjustified dismissal of a complete sector of the firm. It was determined that the claimants did not lose their employment due to a work stoppage resulting from a labour dispute and that her right to benefits must be restored. Claimant’s appeal is allowed.

Decision 73110      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
The claimant did not qualify for benefits because she was involved in a labour dispute that she had helped finance by paying union dues manned the picket line and received the $230. per week as strike pay. She was directly interested in the results of the labour dispute pursuant to section 36 of the EI Act. The collective bargaining agreement had expired on August 2008 and the strike and lockout commenced September 2008. A tentative agreement was reached on October 2008 and, following the ratification vote, all members of the bargaining unity returned to work November 2008. The claimant's appeal is dismissed by the Umpire.

Decision S-1063.87     

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.
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute

Decision 13355      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
Assuming that the cessation of work by union members was brought about by the lock-out rather than the strike, that does not make that termination of work any less attributable to the labour dispute which preceded. It is playing with words to argue otherwise. [p. 3]
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work illegal
labour dispute stoppage of work temporary measures

Decision 12181      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
Whether a lockout causes a stoppage of work or a strike causes a stoppage of work we have a labour dispute.
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction reason for existence of boards
board of referees jurisdiction priority of law

Decision 11611      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
This was not a strike but a lockout. Either way there was a stoppage of work attributable to a labour dispute.
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute directly interested recall after stoppage
labour dispute directly interested dual status

Decision 11590      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
The Board referred to a strike and that was an error because the situation here was a lockout. However, whether a lockout or a strike, ss.2(1) is quite clear.

Decision 11456      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
A work stoppage may be a euphemism for a strike but is not a definition. A work stoppage may be caused by a strike but equally by a lock-out or even by a fire or explosion. A very brief work stoppage is caused by a fire-drill. The kind required is one due to a labour dispute. The kind of stoppage of work amounting to a loss of UI benefits is one due to a labour dispute. A strike is certainly a manifestation of a labour dispute and the strike was, in and of itself, a work stoppage.

Decision 10907      Full Text

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work strike or lockout
Summary:
Regardless of whether work stoppage caused by lock-out and not strike, consequences for insured are same. Subs. 44(4) defines "labour dispute" as any dispute between employers and employees connected with employment.