Digest of Benefit Entitlement Principles   Chapter 15 - Section 10

15.10.0 Labour dispute

Fishers are subject to a disentitlement ^{Footnote 1} for having lost their employment by reason of a stoppage of work attributable to a labour dispute ^{Footnote 2} .

The word "labour dispute" in relation to fishers, includes any dispute between:

• employers of fishers and fishers, or
• fishers and other fishers

that is connected with the unit price on the basis of which the proceeds from the sale of a catch are calculated ^{Footnote 3} .

Where a particular type of fishing has not begun or does not continue due to a labour dispute in fishing, any fisher who had any insured earnings from fishing during one of the following periods is deemed to be an insured person who has lost their employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the person was employed:

1. the six week period that began on the Sunday preceding the day and month that are one year before the day and month on which the stoppage of work began; or
2. the six week period that preceded the Sunday before the day on which the stoppage of work began ^{Footnote 4} .

A fisher who provides proof of one of the following will not be subject to a labour dispute disentitlement as described in the paragraph above:

1. during the periods described in the preceding paragraph, the fisher was not engaged in employment in the particular type of fishing affected by the labour dispute;
2. at the time the stoppage of work began and during the six weeks preceding the stoppage, the fisher was regularly engaged in an insurable employment other than fishing;
3. at the time the stoppage of work began and during the six weeks following the beginning of the stoppage, the fisher was regularly engaged in an insurable employment other than fishing or in a type of fishing that was not affected by the labour dispute; or
4. the fisher was not participating in or financing or directly interested in the labour dispute.

The non-application of the labour dispute disentitlement to a claimant on the issue of a separate branch of work ^{Footnote 5} does not apply to the fishing regulations ^{Footnote 6} .