Decision A-0261.86

Case Number Claimant Judge Language Decision date
Decision A-0261.86 Vannari Frank  Federal  English 1987-03-04
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A  12002 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  charter 

Summary:

Authority in 44(q) examined but not discussed. The term earnings is not defined in the Act. To this end, reg. 57 was adopted for the determination of earnings while 58 was adopted for the purpose of their allocation. See comments from Justice Thurlow.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  trust fund 

Summary:

The employer's contributions lost their character as "income" upon being paid into the Trust Fund and, accordingly, the vacation pay was not received as "earnings" or as "income" but as savings.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  applicability 

Summary:

That allocation of vacation pay under ss. 58(14) could only be done if the payment had been determined to be "earnings" under s. 57 and that did not occur.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  applicability 

Summary:

Authority in 44(q) examined but not discussed. The term earnings is not defined in the Act. To this end, s. 57 was adopted for the determination of earnings while 58 was adopted for the purpose of their allocation. See comments from Justice Thurlow.


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