Decision 23306
Full Text of Decision 23306
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Summary:
It seems clear that casual teaching is not equivalent to substitute teaching. The Commission argues that casual and substitute are synonymous concepts. I do not think two different words would have been used if only one category was intended.
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teaching |
contract terminating with end of school year |
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teaching |
casual |
definition |
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teaching |
casual or substitute |
applicability |
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Decision 19620
Full Text of Decision 19620
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If s.29 overrides s.31, then s.31 becomes almost meaningless. There is a general principle of statutory interpretation which requires that when an ambiguity arises, statutes should be interpreted to avoid the conclusion that a provision or provisions are meaningless.
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labour dispute |
loss of employment |
definition |
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voluntarily leaving employment |
legislation |
charter |
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Decision A-1118.88
Full Text of Decision A-1118.88
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Two possibilities: (i) and (ii). The legislature cannot be assumed to have spoken in vain when it enacted (i). If payments contemplated in (i) were also covered by (ii), subpara. (i) would be deprived of meaning. Application of (ii) excluded if the case is covered by (i).
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earnings |
accumulated sick leave credits |
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earnings |
vacation pay |
as income |
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Decision 15838
Full Text of Decision 15838
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Refer to: A-1118.88
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earnings |
accumulated sick leave credits |
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earnings |
vacation pay |
as income |
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Decision 1909488
Full Text of Decision 1909488
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In reading a statute it must be assumed that each term, each sentence and each paragraph has been deliberately drafted with a specific result in mind. Parliament chooses its words carefully: it does not speak "gratuitously".
This is not to say that the provision has lost all meaning. Even if the word "financing" were to be excised, the provisions would still retain its usefulness as regards other disentitlement provisions therein contained. [p. 58]
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labour dispute |
financing |
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board of referees |
legislative authority |
purpose of ui system |
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board of referees |
rules of construction |
intent and object |
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board of referees |
legislative authority |
provincial and other laws |
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labour dispute |
rationale |
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Decision 13194
Full Text of Decision 13194
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Parliament presumed not to speak and say nothing, and so I deduce that use of 2 different expressions [contract and custom in Reg. 57(3)(h)] implies desire to create 2 separate concepts.
Decision A-0175.84
Full Text of Decision A-0175.84
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Summary:
See summary indexed under S-0175.84
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labour dispute |
financing |
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board of referees |
legislative authority |
purpose of ui system |
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board of referees |
rules of construction |
intent and object |
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board of referees |
legislative authority |
provincial and other laws |
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labour dispute |
rationale |
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Decision A0834.82
Full Text of Decision A0834.82
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board of referees |
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Summary:
For claimant's submission to prevail, the word "only" or a similar word would have to be read into ss.41(1). It is a well accepted principle of statutory interpretation that such an expedient is to be avoided, if at all possible.
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misconduct |
merit of dismissal |
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misconduct |
real reason for dismissal |
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misconduct |
labour dispute |
illegal walkout |
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Decision A-0436.80
Full Text of Decision A-0436.80
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board of referees |
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each word counts |
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Summary:
As per a reliable source of authority, it is a serious error to read into an Act of Parliament words which are not there and it is something to avoid. Respondent asks the Court to distinguish where the legislator did not and this is an error of interpretation.
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reconsideration of claim |
overpayment |
deduction from benefits |
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