Summary of Issue: Labour Dispute

Decision 23845 Full Text of Decision 23845

There was no medical confirmation of claimant's illness. Three other drivers had booked off sick with him, apparently in dispute of a dispatcher's directives. Booking off sick to exert pressure in an industrial dispute is not something to be encouraged.

Decision 64514 Full Text of Decision 64514

The claimant had made a decision not show up for work on April 28, 2004 in support of his fellow employees. The claimant's actions, as well as those of several of his co-workers, were undoubtably due to the difficult relationship between the employer and some of the employees. The Umpire stated that there were other mechanisms the claimant and his co-workers could have used to deal with their problems and concluded that their actions constituted misconduct leading to the termination of their employment.

Decision A-0092.01 Full Text of Decision A-0092.01

In a gesture of protest, the claimant, a correctional services officer, walked off the job for a day, alleging that the purpose of her action was to protect her own safety, and that of the inmates and the public. The Board of Referees (BOR) ruled in favour of the claimant, but this decision was reversed by the Umpire, confirmed by the Federal Court. The issue for the BOR was not to ask itself whether the employee was justified in her job action and in taking part in an illegal strike, nor whether the employer had just cause to dismiss the employee. The question that the BOR had to ask itself, and to answer, was whether participation in an illegal strike constituted misconduct within the meaning of the Act, and whether the employee had lost her employment as a result of that misconduct.

Decision 49834 Full Text of Decision 49834

See summary indexed under FCA A-0092.01.

Decision 14538 Full Text of Decision 14538

Gesture of protest against the fact that computer difficulties delayed pay cheques till the next day. Reckless gesture laid with consequences. Aggravating circumstances according to the board. No error in law.

Decision A-0434.82 Full Text of Decision A-0434.82

The strike was illegal in that it was in violation of Ontario legislation. The fact that the collective agreement had expired before the strike began appears irrelevant to whether strike illegal. Strike being illegal, claimant's participation in it would be misconduct on her part in the ordinary sense of the term. It would also be misconduct in relation to her employment. The fact that many persons misconduct themselves does not make misconduct any less one's own.

Decision A-0433.82 Full Text of Decision A-0433.82

The strike was illegal in that it was in violation of Ontario legislation. The fact that the collective agreement had expired before the strike began appears irrelevant to whether strike illegal. Strike being illegal, claimant's participation in it would be misconduct on his part in the ordinary sense of the term. It would also be misconduct in relation to his employment. The fact that many persons misconduct themselves does not make misconduct any less one's own.

Decision A0834.82 Full Text of Decision A0834.82

The misconduct referred to was claimant's involvement in illegal walkouts and her involvement was far in excess of that of other employees. Accordingly, claimant was guilty of some misconduct and this was the reason for dismissal. Her case clearly fallsunder s.41.

Decision 23658 Full Text of Decision 23658

An altercation between claimant's friend and a person who wanted to cross the picket line resulted in that person being chased to a fence and struck by a weapon, i.e. a stick or sign which the claimant was brandishing. This was fighting in the workplace and cannot be tolerated. This was misconduct.