Decision 19620

Case Number Claimant Judge Language Decision date
Decision 19620   Reed  English 1991-05-16
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  each word counts 

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 

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 

Summary:

History of s.29 (union membership protection) and s.31 (labour dispute provisions) over the years since 1920 examined.


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