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Decision 19620 Full Text of Decision 19620

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

A lockout situation does not fall within the literal wording of s.29. If s.29 overrides s.31, then s.31 becomes almost meaningless. Statutes should be interpreted to avoid the conclusion that a provision is meaningless. History of s.29 and s.31 since 1920 examined. Ss.28(2) does not relate to a disqualification that arises pursuant to s.31 or any other provision of the Act. It does not give a claimant any right to benefits. It merely prevents his action being classified as misconduct or as voluntary leaving.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction each word counts
voluntarily leaving employment legislation charter

Decision 16582 Full Text of Decision 16582

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Claimant dismissed 24-3. Strike started 23-7. Following arbitration in following December, dismissal turned into a 6-week suspension and wages awarded from 5-5 to 23-7. Returned to work after strike.


Decision 16578 Full Text of Decision 16578

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

IWA worker employed by contractor who had a hauling contract with Alpulp where there was no dispute and who signed an agreement with IWA. Contract suspended by Alpulp for fear of having other IWA members picketing. Claimant kept on but part-time. Not a loss of employment.


Decision 11171A Full Text of Decision 11171A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Laid off before strike started. Pursuant to settlement of grievance, employer had to reinstate him retroactively. Accordingly, insured lost his employment as result of work stoppage.


Decision 13195 Full Text of Decision 13195

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Dismissal declared to be unjust and reinstatement ordered with full salary from date of dismissal to date of lock-out. No salary awarded for time of lock-out. Held that she lost her employment only on date of lock-out.


Decision 11877 Full Text of Decision 11877

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Dismissed 25-5-82. Reinstatement with 2-month suspension ordered on 17-2-83. Reinstated with full salary from 27-7-82 to 10-9-82, the date on which members of his grade or class went on strike. GIONEST distinguished.


Decision A-1082.84 Full Text of Decision A-1082.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

The striker retains his relationship with the employer, while the person who resigns waives the right to return to work. Obviously, I [MacGuigan J.] agree with Marceau J., dissenting in GOULET, a decision that it will be necessary to reexamine. This involved the loss of employment by the striker (or because of a lock-out), a very special type of loss which resulted from a collective work stoppage, did not create a state of unemployment, but was just a step in the process of solving a dispute. [Marceau, J.]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct dismissal upon settlement of labour dispute
labour dispute loss of employment prior to stoppage
labour dispute rationale
voluntarily leaving employment applicability strike anticipated

Decision A-1415.84 Full Text of Decision A-1415.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Teaching hours she had to work during 3 weeks of strike were carried forward to following month, so that she worked the same number of hours as agreed at beginning of school year. Nonetheless there was loss of employment. Upheld in FC without comment.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment part-time workers
labour dispute loss of employment casual employees

Decision A-0358.83 Full Text of Decision A-0358.83

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment definition
Summary:

Loss of employment under s. 44 and s. 41 not synonymous: limited to forced departure in 41 since voluntary departure also used, whereas 44 covers both strikes and lock-outs. Definitive loss in 41; temporary loss in 44 since the relationship has not ended.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct dismissal upon settlement of labour dispute
voluntarily leaving employment applicability rule of 13 weeks
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