| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
annual shutdown |
|
Summary:
Policy of closing for several weeks at Christmas every year. Former principle that disentitlement terminates when dispute ceases to be real cause of unemployment is inconsistent with wording of Act. Leave to appeal to SC denied.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
terminates during strike |
|
Summary:
The question that must be asked is this: "How did the insured lose his employment at the beginning of his period of unemployment?", not "Why is he unemployed today?" Leave to appeal to SC denied.
The past tense of "lose" means we must look at the time the insured became unemployed. It is the cause of the loss at that precise moment, not of his subsequent unemployment, that counts. Only 44(1)(a), (b) and (c) cause disentitllement to cease. Leave to appeal to SC denied.
Former principle that disentitlement terminated when dispute ceased to be real cause of unemployment is inconsistent with wording of Act. Disentitlement can terminate only under 44(1)(a), (b) and (c). Leave to appeal to SC denied.
Disentitlement continues until one of conditions in 44(1)(a), (b) or (c) met, even if, were it not for the dispute, the insured would subsequently and in any event have lost his employment for another reason. Leave to appeal to SC denied.
See entries under IMBEAULT
