Summary of Issue: Dismissal Upon Settlement Of Labour Dispute

Decision 29695 Full Text of Decision 29695

Beneficiary suspended, then dismissed for participation in an illegal strike. Exclusion overturned by the Board; beneficiary cannot lose what he has already lost owing to the conflict. Exclusion reestablished, since links with the employer had not been definitively broken following the conflict. Grounds for considering motive for second loss of position.

Decision A-1082.84 Full Text of Decision A-1082.84

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....

Decision A-0358.83 Full Text of Decision A-0358.83

This loss of employment allegedly took place in November when the employer refused to hire him back. A person cannot lose what he does not have... He already lost his employment at the time of the lock-out in June. Ss. 41(2) changes nothing. The definitive loss that led to the interruption of earnings occurred at the end of the work stoppage, and that is when s. 41 should apply.