| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Summary:
As per VENNARI, if vacation pay is paid for weeks of work during which it had been earned, s. 15 does not apply since it refers to weeks of unemployment. This reasoning is not convincing. It does not take into consideration the regulating power of the Commission under 44(q).
Para. 44(q) gives the Commission the power determine the week in which earnings were made and to what week they must be allocated, even if they were in payment for work done previously. To hold otherwise appears to deny the Commission the power to allocate given under the Act.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
I erred in stating in the DAIGLE case that the BRYDEN decision did not apply to annual vacation pay paid under the Quebec Construction Decree. The decision to allocate vacation pay over the annual vacation period in December is thereby quashed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
|
Summary:
According to judge Stone in VENNARI, it is not necessary that the sums paid pursuant to a collective agreement refer to the termination of employment for being exempted. Matter wrongly decided because decision was based exclusively on the English wording. The French wording is clear.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
quebec construction decree |
|
Summary:
I erred in stating in the DAIGLE case that the BRYDEN decision did not apply to annual vacation pay paid under the Quebec Construction Decree. The decision to allocate vacation pay over the annual vacation period in December is thereby quashed.
