Decision A0163.12

Case Number Claimant Judge Language Decision date
Decision A0163.12 Provost  Gauthier Johanne  English 2013-03-06
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

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


The claimant was an employee of Telus Communications Inc. and a member of the Telecommunications Workers Union (TWU). On July 21, 2005, the TWU established picket lines outside Telus worksites after Telus locked out the bargaining unit. The claimant applied for benefits indicating that he was not working due to the lockout. The Commission determined that the claimant was not entitled because he had lost his employment due to a labour dispute. The Umpire confirmed the Commission’s decision, and found that the BOR erred by not considering all the factors for determining whether the claimant fell under one of the exceptions to the general rule that workers who lose their employment due to a work stoppage arising from a labour dispute are not entitled to EI benefits in accordance with subsection 36(1) of the EI Act. The claimant filed an application for judicial review. The FCA found that the Umpire did not commit any reviewable error.

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