Decision 19620
Full Text of Decision 19620
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labour dispute |
loss of employment |
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Summary:
A lockout situation does not fall within the literal wording of s.29. If s.29 overrides s.31, then s.31 becomes almost meaningless. Statutes should be interpreted to avoid the conclusion that a provision is meaningless. History of s.29 and s.31 since 1920 examined.
Ss.28(2) does not relate to a disqualification that arises pursuant to s.31 or any other provision of the Act. It does not give a claimant any right to benefits. It merely prevents his action being classified as misconduct or as voluntary leaving.
other summary
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board of referees |
rules of construction |
each word counts |
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voluntarily leaving employment |
legislation |
charter |
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Decision 16578
Full Text of Decision 16578
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labour dispute |
loss of employment |
definition |
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Summary:
IWA worker employed by contractor who had a hauling contract with Alpulp where there was no dispute and who signed an agreement with IWA. Contract suspended by Alpulp for fear of having other IWA members picketing. Claimant kept on but part-time. Not a loss of employment.
Decision 16582
Full Text of Decision 16582
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labour dispute |
loss of employment |
definition |
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Summary:
Claimant dismissed 24-3. Strike started 23-7. Following arbitration in following December, dismissal turned into a 6-week suspension and wages awarded from 5-5 to 23-7. Returned to work after strike.
Decision 11171A
Full Text of Decision 11171A
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labour dispute |
loss of employment |
definition |
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Summary:
Laid off before strike started. Pursuant to settlement of grievance, employer had to reinstate him retroactively. Accordingly, insured lost his employment as result of work stoppage.
Decision 13195
Full Text of Decision 13195
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labour dispute |
loss of employment |
definition |
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Summary:
Dismissal declared to be unjust and reinstatement ordered with full salary from date of dismissal to date of lock-out. No salary awarded for time of lock-out. Held that she lost her employment only on date of lock-out.
Decision 11877
Full Text of Decision 11877
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labour dispute |
loss of employment |
definition |
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Summary:
Dismissed 25-5-82. Reinstatement with 2-month suspension ordered on 17-2-83. Reinstated with full salary from 27-7-82 to 10-9-82, the date on which members of his grade or class went on strike. GIONEST distinguished.
Decision A-1082.84
Full Text of Decision A-1082.84
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labour dispute |
loss of employment |
definition |
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Summary:
The striker retains his relationship with the employer, while the person who resigns waives the right to return to work. Obviously, I [MacGuigan J.] agree with Marceau J., dissenting in GOULET, a decision that it will be necessary to reexamine.
This involved the loss of employment by the striker (or because of a lock-out), a very special type of loss which resulted from a collective work stoppage, did not create a state of unemployment, but was just a step in the process of solving a dispute. [Marceau, J.]
other summary
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misconduct |
dismissal upon settlement of labour dispute |
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labour dispute |
loss of employment |
prior to stoppage |
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labour dispute |
rationale |
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voluntarily leaving employment |
applicability |
strike anticipated |
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Decision A-1415.84
Full Text of Decision A-1415.84
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labour dispute |
loss of employment |
definition |
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Summary:
Teaching hours she had to work during 3 weeks of strike were carried forward to following month, so that she worked the same number of hours as agreed at beginning of school year. Nonetheless there was loss of employment. Upheld in FC without comment.
other summary
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labour dispute |
loss of employment |
part-time workers |
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labour dispute |
loss of employment |
casual employees |
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Decision A-0358.83
Full Text of Decision A-0358.83
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labour dispute |
loss of employment |
definition |
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Summary:
Loss of employment under s. 44 and s. 41 not synonymous: limited to forced departure in 41 since voluntary departure also used, whereas 44 covers both strikes and lock-outs. Definitive loss in 41; temporary loss in 44 since the relationship has not ended.
other summary
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misconduct |
dismissal upon settlement of labour dispute |
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voluntarily leaving employment |
applicability |
rule of 13 weeks |
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