Labour Disputes

1. Are disentitlement conditions present?
2. Is there a labour dispute?
3. Is there a stoppage of work?
4. Is the stoppage attributable to the labour dispute?
5. Is the stoppage at claimant's place of employment?
6. Did claimant lose/fail to resume employment because of the stoppage at his/her place of employment?
7. Can claimant obtain relief from disentitlement?
8. Can disentitlement be suspended?
9. Can disentitlement be terminated?

 
Act: subsection 2(1) Employment Insurance Act, section 36 Employment Insurance Act; related subsection 49(1) Employment Insurance Act
Regulations: sections 52 Employment Insurance Regulations, 53 Employment Insurance Regulations 

 
Disentitlement: subsection 36(1) of the Act   Employment Insurance Act

Claimant loses an employment or fails to resume an employment because of:

• A stoppage of work
• Attributable to a labour dispute
• At the premises where the claimant was employed

Non-Application subsection 36(4) Employment Insurance Act: relief from disentitlement
Claimant proves: not participating, financing or directly interested in the dispute that caused the stoppage of work

Disentitlement for Part-Week: subsection 36(2) Employment Insurance Act Regulations section 52 Employment Insurance Regulations
Claimant loses or fails to resume part-time work

Disentitlement Suspended: subsection 36(3) Employment Insurance Act
Claimant establishes:

• Otherwise entitled to special benefits or section 25 Employment Insurance Act benefits, and
• Prior to the stoppage, had begun making arrangements for leave?

Disentitlement Terminated: subsection 36(1) Employment Insurance Act Regulations section 53 Employment Insurance Regulations

• Stoppage of work has terminated, or
• Claimant becomes regularly engaged elsewhere in insurable employment

 
Commission must prove:

• Loss of employment
• Resulting from stoppage
• Attributable to labour dispute
• At premises where claimant was employed
  TOUZEL A-1063-92 Judgment Of The Federal Court Of Appeal

Claimant must prove: that relief conditions are met and that no disentitling conditions apply subsections 36(4) Employment Insurance Act, 49(1) Employment Insurance Act FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal 

 
 STILLO A-651-01 Judgment Of The Federal Court Of Appeal, TOUZEL A-1063-92 Judgment Of The Federal Court Of Appeal:  Meaning of the term "labour dispute". Onus of proof

FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal:  See Onus of proof.

ZWARICH A-521-86 Judgment Of The Federal Court Of Appeal, MEREDITH A-226-88 Judgment Of The Federal Court Of Appeal:  Labour Dispute Legislation and Charter of Rights

DICAIRE A-834-96 Judgment Of The Federal Court Of Appeal, RASMUSSEN A-647-95 Judgment Of The Federal Court Of Appeal:  Validity of Regulations subsection 53(1) Employment Insurance Regulations

STRICK A-556-91 Judgment Of The Federal Court Of Appeal, RASMUSSEN A-647-95 Judgment Of The Federal Court Of Appeal:  "Work Stoppage". Production levels maintained by employer.

DEBIEN A-814-91 Judgment Of The Federal Court Of Appeal, BERNIER A-324-87 Judgment Of The Federal Court Of Appeal:  Work stoppage vs labour dispute

COURNOYER A-150-00 Judgment Of The Federal Court Of Appeal, WHITE A-1036-92 Judgment Of The Federal Court Of Appeal, GAMBOA A-1037-92 Judgment Of The Federal Court Of Appeal, HARDING A-1039-92 Judgment Of The Federal Court Of Appeal: 

• Purpose of labour dispute legislation
• Loss of employment. (Laid-off in anticipation of strike 3 days later)

DUGAL A-593-00 Judgment Of The Federal Court Of Appeal:  Unable to resume employment - employees on lay-off.

SIMARD A-1415-84 Judgment Of The Federal Court Of Appeal:  Loss of part-time employment

WELLICOME A-690-96 Judgment Of The Federal Court Of Appeal:  Loss of employment. Casual worker - pattern of employment.

DONTIGNY A-186-03 Judgment Of The Federal Court Of Appeal upholding CUB 56057 Umpire Decision: Loss of employment due to pressure tactics - refusal to work overtime.

BOUILLON A-351-95 Judgment Of The Federal Court Of Appeal, BOURCIER A-352-95 Judgment Of The Federal Court Of Appeal:  Loss of employment - trainees on the job.

GADOURY A-209-04 Judgment Of The Federal Court Of Appeal, (leave to appeal dismissed by Supreme Court [30815]), IMBEAULT A-181-83 Judgment Of The Federal Court Of Appeal, HURREN A-942-85 Judgment Of The Federal Court Of Appeal, HINDS A-139-88 Judgment Of The Federal Court Of Appeal, COLE A-741-87 Judgment Of The Federal Court Of Appeal:  Duration of disentitlement. "Relief provisions" subsection 36(4) Employment Insurance Act vs "termination provisions" subsection 36(1) Employment Insurance Act

SIMONEAU A-611-96 Judgment Of The Federal Court Of Appeal, DALLAIRE A-825-95 Judgment Of The Federal Court Of Appeal:  Causal link between labour dispute and stoppage of work

ABRAHAMS A-872-80 Judgment Of The Federal Court Of Appeal, McKENZIE A-1460-92 Judgment Of The Federal Court Of Appeal:  "Regularly engaged". Establishment of continuity of employment.

HILLS Supreme Court [ 19094 Judgement Of The Supreme Court Of Canada]:  "Financing". Mandatory payment vs voluntary contribution.

BATTISTA A-375-03 Judgment Of The Federal Court Of Appeal, BLACK A-552-00 Judgment Of The Federal Court Of Appeal, LEGARE A-512-97 Judgment Of The Federal Court Of Appeal:  Relieving provisions of subsection 36(4) Employment Insurance Act

OAKES-PEPIN A-38-96 Judgment Of The Federal Court Of Appeal:  Termination of the stoppage of work. Considers history and validity of EI Regulations subsection 53(1) Employment Insurance Regulations [former UI Regulations subsection 49(1) Employment Insurance Regulations]

THOMAS, JABOUR, DRUDI et al A-39-98 Judgment Of The Federal Court Of Appeal, KUMP et al A-41-98 Judgment Of The Federal Court Of Appeal:  Considers whether there was a loss of employment resulting from a stoppage of work attributable to a labour dispute; considers whether employer's continuing activities were due to "extraordinary measures"