Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
labour dispute |
stoppage of work |
illegal |
|
Summary:
Whether or not ss.31(1) applies has nothing to do with attribution of fault for the termination of normal employment conditions. It depends on the claimant having lost his employment as a result of a stoppage of work which is attributable to a labour dispute at his place of work.
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]
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
labour dispute |
stoppage of work |
temporary measures |
|
Summary:
The mere maintenance of production by extraordinary means does not avoid a work stoppage: see SIMONEAU. The operation of the plant had not returned to normal in the sense of having a full complement, or nearly full complement, of regular work staff. [p.4]