labour market considerations

In Chambers v. Repatriation Commission, Moore and Sackville JJ (with whom Davies J agreed) said that while such matters as depressed labour market conditions are excluded from consideration for the purposes of paragraph 24(1)(b), "some of these may be relevant to the separate determination required by s.24(1)(c) ... as to whether the war-caused incapacity has prevented the veteran from continuing to undertake remunerative work". Thus, if one of the factors that prevents a veteran from continuing to undertake remunerative work is the depressed state of the labour market, then it cannot be said that it is his or her war-caused incapacity alone that is preventing the veteran from continuing to undertake remunerative work.

In Turnbull v. Repatriation Commission, the Federal Court indicated that economic factors which played a part in preventing the veteran from continuing to undertake remunerative work would exclude the veteran from meeting paragraph 24(1)(c).

 



Previous

Next

Contents

Bruce Topperwien's Legal Page
Hosted by www.Geocities.ws

1