| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dismissal upon settlement of labour dispute |
|
|
Summary:
The striker retains his relationship with the employer, while the person who resigns waives the right to return to work. Obviously, I [MacGuigan J.] agree with Marceau J., dissenting in GOULET, a decision that it will be necessary to reexamine....
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
prior to stoppage |
|
Summary:
Whoever resigns and leaves before a stoppage obviously does not lose their employment because of the stoppage. Always possible that the stoppage not take place. He lost his employment, not because of the stoppage, but because he anticipated that there would be a strike.
Not a loss of employment within the meaning of s. 31 unless the resignation was only for show, a way to set off the strike, such as joint resignations by a group of employees. This was a real, true, individual separation from employment. [Marceau, J.]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
definition |
|
Summary:
The striker retains his relationship with the employer, while the person who resigns waives the right to return to work. Obviously, I [MacGuigan J.] agree with Marceau J., dissenting in GOULET, a decision that it will be necessary to reexamine.
This involved the loss of employment by the striker (or because of a lock-out), a very special type of loss which resulted from a collective work stoppage, did not create a state of unemployment, but was just a step in the process of solving a dispute. [Marceau, J.]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
labour dispute |
rationale |
|
Summary:
The UI Fund is intended for workers who, after losing their employment, do not succeed in immediately finding another one; it is not intended for inactive employees who have directly (strike) or indirectly (lock-out) chosen to be unemployed. [Marceau, J.]
If the UI Fund had to serve to finance employees on strike in some way, the operation of economic forces that should force a settlement of labour disputes could be completely distorted. [Marceau, J.]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
strike anticipated |
|
Summary:
It was clear that the loss of employment was final, as referred to in section 28; the fact that he himself provoked it resulted in a 6-week disqualification. Board of Referees did not err in saying that the claimant was not justified in leaving because of an impending strike.
