Summary of Issue: Annual Shutdown


Decision 55196 Full Text of Decision 55196

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Lock-out on 19-03-2001. Claimant was to return to work temporarily on that date, and his layoff was scheduled for 31-03-2001. Dispute settled and union members returned to work on 29-04-2001. The BOR decided that the claimant became entitled to benefits as of March 31. Error of law according to the umpire. On that date, the claimant did not meet any of the elements allowing him to avoid disentitlement under SS. 36(4) of the EIR.


Decision A-0270.91 Full Text of Decision A-0270.91

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Should the disentitlement be discontinued when the employer subsequently shutdown the project and laid them off? Counsel for claimant invited us to reverse this Court's finding in IMBEAULT. Despite the able arguments of counsel, we are unable to identify any basis for doing so.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike
labour dispute participation picket lines

Decision 19037 Full Text of Decision 19037

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Refer to: A-0270.91

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute participation picket lines
labour dispute loss of employment terminates during strike

Decision 11581 Full Text of Decision 11581

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Strike 3-8-82 and termination 24-1-83. Benefits allowed by Board from 23-12-82 to 3-1-83, a predetermined annual shutdown. The Board's duty was to decide when the stoppage terminated. It had no legal right to allow entitlement prior to termination.


Decision 10631 Full Text of Decision 10631

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Board decided that end of stoppage had occurred on 14-9 because all work was completed on that date and all employees laid off as they were every year. Plainly erred in law. See IMBEAULT.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law not applying jurisprudence

Decision 10311 Full Text of Decision 10311

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Strike commenced 11-8-82; new agreement signed and ratified 22-12-82; annual 2-week Christmas shutdown 23-12-82; 85% production reached 18-1-83. Claimant's submission that his case be allowed from 23-12-82 rejected as per IMBEAULT and CUB 9410.

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

Decision A-0181.83 Full Text of Decision A-0181.83

summary
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.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike

Decision A-0183.83 Full Text of Decision A-0183.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work annual shutdown
Summary:

Issue was Christmas shutdown. Arguments made assume that subs. 44(1) must be interpreted so that disentitlement ceases when the dispute ceases to be the real cause of the claimant's unemployment. This interpretation was rejected in IMBEAULT.

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