• Home >
  • Board of Referees
  • Labour Disputes

    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer



    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?


    References


     
    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 

    Legal test


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

    Claimant loses an employment or fails to resume an employment because of:
    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: Disentitlement Terminated: subsection 36(1) Employment Insurance Act Regulations section 53 Employment Insurance Regulations

    Onus of proof


     
    Commission must prove: 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 

    Key Case Law


     
     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

    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"





    2012-01-05