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A-340-79
Attorney General of Canada (Applicant)
v.
Jean Daigneault (Respondent)
Court of Appeal, Pratte and Le Dain JJ. and Lalande D.J.—Montreal, October 11, 1979.
Judicial review — Unemployment insurance — Work stop page — All employees in bargaining unit, which did not represent all employees of the business, ceased to work — Production continued at 85% of normal — Umpire held there was no work stoppage within s. 44 of the Unemployment Insurance Act, 1971 — Whether or not a work stoppage existed within the meaning of s. 44 — Unemployment Insur ance Act, 1971, S.C. 1970-71-72, c. 48, s. 44 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review. COUNSEL:
Jean Marc Aubry for applicant. George Marceau for respondent.
SOLICITORS:
Deputy Attorney General of Canada for applicant.
Dayon, Laplante & Munn, Montreal, for respondent.
The following is the English version of the reasons for judgment of the Court rendered by
PRATTE J.: In our opinion, this application should be allowed.
In the case before the Court, all the employees in a bargaining unit, which represented only a part of the employees of a business, had in fact ceased work. Despite this cessation of work, the Umpire held that there had not been a work stoppage within the meaning of section 44 of the Unemploy ment Insurance Act, 1971, S.C. 1970-71-72, c. 48, because, as he put it:
[TRANSLATION] It was established that the business con tinued to function, that production continued at over 85 per cent of normal, and that the business continued to collect dues from its subscribers.
In our opinion this decision was wrong in law. When, as here, all the employees in a bargaining unit have in fact ceased working, that cessation of work may or may not constitute a work stoppage
within the meaning of section 44, depending on the circumstances; but the fact that the cessation of work is reflected in a decrease in production of the business as a whole of less than 15 per cent is not a sufficient reason for concluding that there was not a work stoppage within the meaning of section 44.
The decision of the Umpire will accordingly be quashed and the case referred back to be decided again by him.
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