Decision A-0041.98

Case Number Claimant Judge Language Decision date
Decision A-0041.98 Kump Sylvia et al  Federal  French 1998-12-03
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  39839 

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


The employer had hired replacement workers in anticipation of a lock-out, and the Umpire found that the measures taken to ensure continuity of operations were not exceptional or temporary. The Umpire ruled that what was involved was simply wrongful dismissal, and that there had thus been no work stoppage. This decision was upheld by the FCA, which acknowledged that a stoppage of work that does not exist cannot come to an end.**NOTE: The Commission agrees that the measures taken by the employer are permanent in nature, and believes that its policy on the matter is not threatened.

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