Decision A-0690.96

Case Number Claimant Judge Language Decision date
Decision A-0690.96 Wellicome Cliff  Federal  English 1997-12-11
Decision Appealed Appellant Corresponding Case
Allowed Majority  No Employer 


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

Summary:

Claimant was not on a lay off when he left his job on 27-01-94. Like all unionzed and casual longshoreman claimant's work assignments are dispatched daily dependant on work. The pattern of employment was not sporadic. While he did not have an assignment the next day, it was reasonable to assume that the claimant had employment to which he would have been recalled as usual but for the strike. Many cases distinguished. ** Claimant had much more than an expectation of being recalled. He had a near certainty pattern that he would have an assignment the next day. The claimant had not terminated his employment relationship nor had he broken his ties with his employer. At all relevant times the claimatn remained in the workforce comprising the union, non union, casual and scheduled longshoreman. Many cases distinguished.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  loss of employment  casual employees 

Summary:

Claimant was not on a lay off when he left his job on 27-01-94. Like all unionzed and casual longshoreman claimant's work assignments are dispatched daily dependant on work. The pattern of employment was not sporadic. While he did not have an assignment the next day, it was reasonable to assume that the claimant had employment to which he would have been recalled as usual but for the strike. Many cases distinguished. ** Claimant had much more than an expectation of being recalled. He had a near certainty pattern that he would have an assignment the next day. The claimant had not terminated his employment relationship nor had he broken his ties with his employer. At all relevant times the claimatn remained in the workforce comprising the union, non union, casual and scheduled longshoreman. Many cases distinguished.


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