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Workers prevented from crossing a picket line by threats of violence do not participate in a labour dispute.
The appellant was prevented from crossing a picket line at his workplace due to threats of violence from striking members of another union.
He applied for unemployment insurance benefits but was initially denied.
The Board of Referees and the Umpire allowed his appeal, finding he did not participate in the labour dispute.
The Federal Court of Appeal set aside the Umpire's decision, finding the issue of whether members of his grade or class participated had not been addressed.
The Supreme Court of Canada allowed the appeal, holding that the evidence established neither the appellant nor members of his union participated in the dispute, as they were prevented from working by genuine fear of violence.
Appeal dismissed; employees not entitled to deferred benefits under original pension plan as benefits had not vested.
The appellants appealed a decision denying them deferred benefits under a multi-employer pension plan established by an international union, after a new plan was established for members of the local union.
The Supreme Court of Canada dismissed the appeal, agreeing with the lower courts that the benefits under the original plan had not yet vested and that the respondents had complied with the requirements of the plan.
The Court noted that neither the federal nor provincial pension legislation was designed to deal with the specific circumstances of the case.
Trust fund payments from employer contributions are direct savings, not vacation pay, for unemployment insurance purposes.
The appellant was laid off and subsequently received accumulated employer payments from a vacation pay trust fund.
An Unemployment Insurance Officer allocated these benefits as earnings, reducing the appellant's unemployment insurance benefits.
The Supreme Court of Canada held that the accumulated trust monies represented direct savings by the appellant, not vacation pay, as the funds were subject to a trust and had already been taxed.
The appeal was allowed and the decision of the Board of Referees was restored.