Decision A-0787.81

Case Number Claimant Judge Language Decision date
Decision A-0787.81 Gionest O.  Federal  French 1982-05-12
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  loss of employment  prior to stoppage 

Summary:

Seasonal worker. Cannot lose what does not have. An unemployed person who loses the chance of being employed may lose employment, but not "his" employment; it was never his. He perhaps had the right to be recalled, but that is not employment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  labour dispute  definition 

Summary:

I am not prepared to say that parties negotiating renewal of a collective agreement are necessarily in disagreement. This is a question of fact and the board's decision should have been upheld. [Lalande J.A.] The argument that there is no dispute when negotiations are proceeding smoothly and without interruption is unsound. A dispute is a disagreement. Negotiations would be unnecessary if there were agreement and the purpose is to put an end to the disagreement. [Pratte J.A.]


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