Thompson v. Motorways ( 1980 ) Ltd.
T-2155-95
Gibson J.
25/11/96
10 pp.
Judicial review of Referee's decision applicants' employment not terminated under Canada Labour Code, s. 235(2)(b), not entitled to severance pay-Applicants employed by respondent until late 1993, when respondent closing operations-Applicants meeting age requirements for either registered pension plans contributed to by employer or Canada Pension Plan, but not applying for pension benefits-Prepared to continue employment-Canada Labour Code, s. 235(2)(b) providing employer deemed not to have terminated employment where employee entitled to pension-Referee holding "entitled" not meaning "receiving"; nonapplication for pension not vitiating entitlement-Application dismissed-Referee not erring with regard to jurisdiction in undertaking analysis of meaning of "entitled" in context of s. 235(2)(b)-Interpretation central to decision on issues and to jurisdiction-In context of scheme of Code, Part III, Parliament intended Referee have jurisdiction to engage in statutory interpretation exercise here undertaken-In absence of evidence as to how trustees would have reacted to application for pensions, no reviewable error in assuming applications for pensions would not have been rejected-Entitlement to benefits requiring clear right to benefits unqualified by either substantive or procedural conditions outside sole control of claimant-If applicants' disinterest in retiring (substantive condition), and fact not applying for pensions (procedural condition consistent with substantive condition) prevailing in interpretation of "entitled" in context of s. 235(2)(b), applicants having unqualified control to defeat Parliament's intent in enactment of paragraph-Purpose of legislation to prevent individual from receiving double benefit i.e. severance pay and pension-Severance pay intended to provide brief respite from effects of unemployment on persons having real expectation of continuing employment-Pension benefits intended to be substitute for employment for persons at end of working careers-Referee's failure to acknowledge evidence applicants not retired, not wishing to retire, against high standard of judicial review in such matters, not fatal-In absence of evidence of real expectation of continuing employment, open to Referee to conclude applicants who qualified for pensions "entitled" to pensions, whether wished to avail themselves of that entitlement or not, and who were thus within exception to entitlement to severance pay provided by Code, s. 235(2)(b)-Canada Labour Code, R.S.C., 1985, c. L-2, s. 235(2)(b) (as am. by R.S.C., 1985 (2nd Supp.), c. 32, s. 41).