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The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

Decision A-0708.92

Case Number:
Claimant:
Judge:
 
Kieley Gary 
Federal 
 
Language:
Decision date:
 
English
1993/06/09
 

Decision:
Appealed:
Appellant:
Corresponding Case:
 
Dismissed Unanimous 
No
Claimant 
 

Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
interruption of earnings 
compensatory leave 
 

Summary:

Ss.10(4) is a clear provision expressed in clear terms. It matters not if the collective agreement refers to lay-off, or lay days, or leave without pay, or two weeks on, two weeks off, the presumption raised by the statute covers them all, said the Umpire. FC not persuaded that the Umpire erred.**Worked for Marine Atlantic in Nfld. Entitled to 2 weeks off after completing a 2-week working period. The fact that it coincided with his lay-off is of no consequence. It is further of no consequence that as a spare worker his leave should be deemed to have occurred earlier. Upheld by FC.