| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
directly interested |
employment terminates |
|
Summary:
Section 36 of the Act states that a person who experiences a work stoppage as result of a labour dispute is not entitled to receive benefits unless he or she meets certain criteria. Section 36(4) of the Act stipulate that, this section does not apply if a claimant proves that the claimant is not participating in, financing or directly interested in the labour dispute that caused the stoppage of work. To be exempt from the application of the Act, claimants must prove that they are not participating in, financing or «indirectly interested» in the labour dispute. The expression «indirectly interested» means that claimants must show that, if they return to work following the dispute, they cannot access any earnings or benefits obtained as a result of the dispute. The fourth criterion is speculative, but clearly sets out that the claimant, who may benefit from a new collective agreement in the future, cannot be exempt from the application of section 36 of the Act. The appeal is dismissed.
