Decision 26888

Case Number Claimant Judge Language Decision date
Decision 26888   Walsh  French 1995-02-02
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  loss of employment  unable to resume 

Summary:

What must be decided here is whether there was definite employment to be resumed at a set date, or just a promise or hope. Formal lack of the recall notice stipulated in the agreement does not justify a finding that this would not have happened had there been no strike. The words "unable to resume his previous employment" have the effect of broadening disentitlement in the former section 31. One must thus be careful in applying the jurisprudence rendered before the amendment. GIONEST to be distinguished because of this amendment.


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