Labour Dispute

II. Principles of Law

(h) Termination of Employee/Employer Relationship

A claimant who is disentitled to benefits because of a labour dispute, may subsequently fall within the exemption set out in subsection 36(4) of the Employment Insurance Act Employment Insurance Act, if during the labour dispute, he or she severs the relationship with the employer and resigns from the union.

Hurren v. Canada (A.G.) [1986], F.C.J. No. 379 (F.C.A.) A-942-85 Judgment Of The Federal Court Of Appeal

This principle also applies to a claimant who can demonstrate that his or her employment contract would have terminated on a certain date regardless of whether the work to be performed was complete.

Canada (A.G.) v. Cole, May 3, 1988, F.C.J. No. 402 (F.C.A.) A-741-87 Judgment Of The Federal Court Of Appeal;affirming CUB 14021 Board of Referees Decision

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