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Decision 46110 Full Text of Decision 46110

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

A strike began on 1-10-96, but on 17-10-96, the employer filed a restructuring proposal under the Bankruptcy and Insolvency Act, in order to save the business. A proposal was submitted to the creditors on 31-01-97, but was rejected. The rejection brought about the de facto bankruptcy, but the bankruptcy was deemed to occur de jure on 17-10-96. Are the claimants entitled to benefits as of 17-10-96? Umpire said no. The operation of the business ended in bankruptcy, and operations ceased in January 1997.


Decision 24335 Full Text of Decision 24335

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

While the letters addressed to all employees by the employer may be an ultimatum, it is at the same time an invitation to accept the company's offer. It is not a statement that the plant is closed as of the date of the letter.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike

Decision A-0814.91 Full Text of Decision A-0814.91

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

As per BERNIER, one must determine the date upon which the strikers became in fact unemployed by reason other than the dispute. One may consider, for example, a definite plant closure by the employer or by reason of fire. This is the only approach consistent with the letter and spirit of the law.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work settlement of dispute
labour dispute loss of employment terminates during strike
labour dispute stoppage of work illegal

Decision 20138 Full Text of Decision 20138

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

Refer to: A-0814.91

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute loss of employment terminates during strike
labour dispute stoppage of work settlement of dispute
labour dispute stoppage of work illegal

Decision 15331 Full Text of Decision 15331

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

Workers locked out 28-10-84. The majority Board found the work stoppage terminated 13-5-85 when employer decided to close the mine. The minority found this to be 31-12-84. This is a question of fact. No firm decision to close earlier and claimant himself acted as if not closed.


Decision 13665 Full Text of Decision 13665

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

The enquiry officer's report categorically contradicts this conclusion. If a tribunal can place subsequent facts on the table to provide a better interpretation of earlier actions, it is preferable to rely on objective facts and not on declarations of intent. The issue is the time during which claimant remained in the specific situation of a person unemployed because of the dispute but still had hope and the possibility of returning to work, before becoming definitively and irremediably unemployed by a decision of the employer.


Decision 11920A Full Text of Decision 11920A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

3 elements that make up dispute: insistence and resistence, adverse parties and points in issue. These 3 elements are missing here: no bargaining since 6-7, union members dispersed. Date dispute ended cannot be determined with precision.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue

Decision 12151 Full Text of Decision 12151

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

Employer made decision to close plant on 4-9; however, only informed Minister of Labour on 9-11; that is date that board accepted as date of work stoppage.


Decision 11920 Full Text of Decision 11920

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

Closing or at least substantial reduction scheduled for 15-1; lock-out on 13-1. Everyone is subject to demands of his or her union. Loss of each person's employment arose out of dispute. Even those who were laid off the next day were still disentitled.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale

Decision A-1340.84 Full Text of Decision A-1340.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

If dispute had not been settled it would have been logical to consider the date of permanent closing (2 months later) as starting point for disentitlement. Any other conclusion would be perverse. Appeal to CF dismissed without comment. According to board, purely economic reasons and final termination during stoppage. Erroneous finding of fact. Dispute terminated when agreement ratified, not when employer stated intention to close store 2 months earlier. Upheld in FC without comment.


Decision A-0585.80 Full Text of Decision A-0585.80

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute stoppage of work business discontinued
Summary:

Purchase of a building in Guelph is not sufficient to say that the employer was abandoning its business in Quebec. The Umpire said he was satisfied that work would have continued in Victoriaville if there had been no dispute. Application for review dismissed by the FC.

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