| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Summary:
As to whether the Regulations cannot properly allocate earnings to a period different from that in which actually earned, we cannot improve on GIROUX: Para. 58(q) gives the Commission the power to make regulations, this would deny the Commission such power. Dismissed by FCA. Leave to appeal denied by SC.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
Each claimant had been laid off. Each had had vacation pay credited on a periodic basis though not actually paid to him or to a trustee or in any way segregated from the employer's general funds. Each received vacation pay upon layoff. No doubt that this was earnings.**To become savings, (1) the monies must be set aside and kept separate from the employer's control and operation; (2) income tax and UI premiums must be deducted before the monies are set aside; (3) claimant must be beneficially entitled to the monies after they are set aside.**As to whether the Regulations cannot properly allocate earnings to a period different from that in which actually earned, we cannot improve on GIROUX: Para. 58(q) gives the Commission the power to make regulations, this would deny the Commission such power. Dismissed by FCA. Leave to appeal denied by SC.
