| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
conditions required for exemption |
|
|
Summary:
The FCA determined that the Umpire did not err in finding that the dispute leading to the work stoppage was more in the nature of a political process than the result of a labour dispute as defined by s. 2(1) and s. 36 of the EIA. The FCA did not directly confirm that the work stoppage was due to a political protest. Rather, it found that both the decision of the BOR and the decision of the Umpire were reasonable. Further, although it was not at issue and none of the parties argued the onus of proof, the FCA appears to have reversed the burden of proof by stating that the onus lies with the Commission to demonstrate that Ms. Benedetti is disentitled to her benefits. Application for judicial review dismissed.
