Decision A-1105.90

Case Number Claimant Judge Language Decision date
Decision A-1105.90 Ostonal Leonor M.  Federal  English 1991-09-25
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  18360 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  bonus  signing contract 

Summary:

Bonus of $800 paid upon ratification of agreement. Clearly "earnings from employment". Ss. 58(3) and (18)(a) are cast in retrospective terms. Not applicable here. Payable whether or not she returned after maternity leave. Whether it arose from transaction is a finding of fact.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wages or salary  allocation 

Summary:

It was argued that the signing bonus was a raise for the current year (for future services) to be allocated under ss. 58(3) and (18)(a). These provisions are cast in retrospective, not prospective terms; they refer to services already performed, not services to be performed.


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

Summary:

Bonus of $800 paid upon ratification of agreement. Clearly "earnings from employment". Ss. 58(3) and (18)(a) are cast in retrospective terms. Not applicable here. Payable whether or not she returned after maternity leave. Whether it arose from transaction is a finding of fact.


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