| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
Summary:
The claimant was laid off in April 2009. He received an amount as severance pay and for vacation pay. He attended at a Commission office to apply for benefits and he was told that he would have to wait to apply for benefits since he har received a severance pay. On a subsequent visit in June 2009, he was informed that he would qualify immediately for benefits. When he received cheques for the period from April to June 2009, he tried to return the cheques to the Commission as the claimant knew that he had to wait to collect benefits because he had received a severance pay. He was informed that he could not return the cheques. The Commission then attempted to calculate how the severance pay and vacation pay should be allocated. However, the Commission used the wrong amount as the normal weekly earnings. The only issue in this judicial review application is whether the Umpire correctly determined the questions of law and whether his application iof the facts to the law was reasonable. The application for judicial review is dismissed. The FCA's decision can be found at this address: http://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/64485/index.do
