| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
Vacation pay paid upon separation in March was savings and not earnings. This is supported by s.15 of the Ontario Employment Standards Act: vacation pay deemed held in trust. Money actually set aside by employer at each pay period, after deduction of income tax and UI.
We have some reservations with the approach of the Umpire. The finding that it could be said that an intentional trust, either express or implied, was created, gives us difficulty. But the conclusion finally reached by the Umpire is to be sustained on another basis.
