Summary:

Under 37(3) and 10(4), it is clear that where, under his contract, one is owed, on his last day of work, additional periods of time off work, this time must be allocated following his last day of work. The words used do not introduce consideration of receipt of monies. [p. 17] By reg. 37(3), when an employee has a lay-off or a separation from employment at a time when he is entitled to a period off work, the interruption of earnings will take place at the expiry of that period of time off work rather than at the time specified in reg. 37(1). [p. 16] The Umpire erred in law in concluding that leave pay and leave day (time off) were interchangeable and allocating leave pay on the basis that "the amount of earnings is that amount of accumulated leave pay from the first day of the month when he was laid off". [p. 18]

Summary:

The Umpire erred in law in concluding that leave pay and leave day (time off) were interchangeable and allocating leave pay on the basis that "the amount of earnings is that amount of accumulated leave pay from the first day of the month when he was laid off".