| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
strike or lockout |
|
Summary:
The claimant lost her employment because of a work stoppage arising from a labour dispute. The BoR asked whether the claimant met the conditions under which a claimant may be excused from a disentitlement, which are as follows: the claimant must not have participated in the dispute; the claimant must not have financed the dispute; and the claimant must not have been directly interested in the dispute. It was business as usual for the company, even though the employer and the flight attendants were embroiled in a dispute. By hiring and training replacement employees, the employer took the measures required to ensure that operations would continue. However, this constitutes no more or no less than an unjustified dismissal of a complete sector of the firm. It was determined that the claimants did not lose their employment due to a work stoppage resulting from a labour dispute and that her right to benefits must be restored. Claimant’s appeal is allowed.
