| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
temporary measures |
|
Summary:
Contract job due to be completed 31-3. All pipefitters, after having been refused increased wages, called in sick on 9-3. The employer dismissed them all and replaced them with new workers. Operations resumed 12-3 and contract completed on due date. Stoppage of work ended 12-3.
Legislation contemplates an employee continuing to refuse to work but who, nevertheless, by accepting may resume his employment. Pipefitters here no longer had the option to return to work as replacement were hired to complete the contract. Picketing does not alter this.
The word "temporary" referred to in the jurisprudence relates to the employment for which the former employees were engaged which may be temporary. "Extraordinary" means pressing into service persons to do the work of others. Replacement hired here to complete the contract.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
partial resumption |
|
Summary:
The stoppage of work in 31(1)(a) is not the individual worker's labour but rather the employer's operations carried out at the particular work place. The test is not whether the strikers had been rehired but whether there has been a resumption of normaloperations.
