Decision 39839

Case Number Claimant Judge Language Decision date
Decision 39839   Rouleau  French 1997-12-23
Decision Appealed Appellant Corresponding Case
Allowed  Yes Claimant "ET AL"  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  stoppage of work  existence 


Umpire concluded that, based on the evidence, there had not been a stoppage of work within the meaning of section 31 of the Act. The company’s operations continued normally in spite of the dispute between the employer and the flight attendants. The employer hired and trained replacement staff and took the necessary measures to ensure the continuity of operations. This amounted to a wrongful dismissal of an entire sector of the company. Therefore the claimants did not lose their jobs because of a stoppage of work attributable to a dispute. **NOTE:Decision appealed before the FCA. Commission believes that Umpire erred in fact and in law in determining that the employees received strike pay and were directly interested in the dispute.

Date modified: