Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
rules of construction |
each word counts |
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Summary:
If s.29 overrides s.31, then s.31 becomes almost meaningless. There is a general principle of statutory interpretation which requires that when an ambiguity arises, statutes should be interpreted to avoid the conclusion that a provision or provisions are meaningless.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
labour dispute |
loss of employment |
definition |
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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.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
voluntarily leaving employment |
legislation |
charter |
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Summary:
History of s.29 (union membership protection) and s.31 (labour dispute provisions) over the years since 1920 examined.