| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
stoppage of work |
attributable to dispute |
|
Summary:
The employer ordered the closure of the jobsite where the claimant worked because of a dispute with the union. This action by the employer was part of a labour dispute which, for several months, had pitted employers and employees in the construction industry against one another on the subject of the terms and conditions of their future agreement. FCA maintained that the existence of a causal connection between the labour dispute and the stoppage of work is a question of law. Therefore, it applied the decision in J.D. Laval et al (A-0825.95), which found in similar circumstances that there was a clear causal connection between the labour dispute and the stoppage of work. Court held that both the BOR and the Umpire erred in law when they found that such a connection did not exist.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
Summary:
The employer ordered the closure of the jobsite where the claimant worked because of a dispute with the union. This action by the employer was part of a labour dispute which, for several months, had pitted employers and employees in the construction industry against one another on the subject of the terms and conditions of their future agreement. FCA maintained that the existence of a causal connection between the labour dispute and the stoppage of work is a question of law. Therefore, it applied the decision in J.D. Laval et al (A-0825.95), which found in similar circumstances that there was a clear causal connection between the labour dispute and the stoppage of work. Court held that both the BOR and the Umpire erred in law when they found that such a connection did not exist.
