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Summary:
NOTE: See summary of facts indexed under CUB 46132. FCA stated that the ruling of the Director of Labour Standards was not directed only at the reinstatement of the claimant. It also ordered the employer to pay the claimant a sum of $28,470 for wages lost. There is simply no evidence in the record that enabled the BOR and eventually the Umpire to be satisfied that the settlement monies related only to a future right of reinstatement. Ordered by the FCA that the matter be referred back to a BOR for redetermination.
NOTE: See summary of facts indexed under CUB 46132. FCA stated that it cannot be said that an amount paid to an employee for giving up his right to go back to his former position has been "earned by labour" or has been "given in return for work done". If a settlement encompasses both an acceptation of lost wages and a renunciation of a right to reinstatement granted by the appropriate authority, only the former constitutes "earnings" to be allocated. Matter returned to BOR for redetermination.
