Decision 39226

Case Number Claimant Judge Language Decision date
Decision 39226   Dubé  English 1997-11-04
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  regularly engaged  definition 

Summary:

Loss of employment due to a labour dispute. Found new insurable employment elsewhere. Umpire determined that “regularly” does not refer to the duration of the employment but rather to its continuity, the employment in question being continuous in the sense that it lasted until termination. The claimant was required to perform the same work according to the same schedule, and was subject to the same circumstances, temperature and other factors as the other employees involving in doing the same kind of work. Umpire therefore found that paragraph 31(1)(b) of the Act applied because he had no doubt that “this new employment” was real, serious and authentic.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  regularly engaged  elsewhere 

Summary:

Loss of employment due to a labour dispute. Found new insurable employment elsewhere. Umpire determined that “regularly” does not refer to the duration of the employment but rather to its continuity, the employment in question being continuous in the sense that it lasted until termination. The claimant was required to perform the same work according to the same schedule, and was subject to the same circumstances, temperature and other factors as the other employees involving in doing the same kind of work. Umpire therefore found that paragraph 31(1)(b) of the Act applied because he had no doubt that “this new employment” was real, serious and authentic.


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