Decision 67739
Full Text of Decision 67739
summary
| Issue: |
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Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
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Summary:
The claiamnt had not scheduled her vacation, clearly for reasons beyond her control, when she received her vacation pay on the anniversary date. The vacation pay therefore had to be allocated from the date of payment, in accordance with section 36(8)(b) of the Employment Insurance Regulations as interpreted in the case law.
Decision 56514
Full Text of Decision 56514
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Prior to his last day of work, on Nov. 23, 2001, the claimant requested and was paid his bonus vacation pay of $3,759.16 and his anniversary holiday pay of $6,615.30 was paid to him in accordance with his anniversary date of Nov. 9, 2001. Anniversary vacation was allocated starting with the week of the anniversary date as provided in par. 36(8)(b) of the EIR and the bonus vacation pay was allocated pursuant to ss. 36(9) of the EIR. Umpire found that the BOR's decision on both issues was correct and dismissed the appeal.
Decision 56212
Full Text of Decision 56212
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
The Regulations provide that vacation pay which is not payable for a specific vacation is to be allocated to the number of weeks starting with the first week for which it is payable. In this case the vacation pay became payable on the anniversary date. The fact that the claimant had resumed work by the time the payment was received does not affect the allocation.
Decision 31967
Full Text of Decision 31967
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
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Summary:
V.P. paid during a 2-week shutdown while claimant on sick leave. Employer designated the 2-week period starting 21-11-93 as claimant's individual vacation. V.P. allocated from 21-11 but BOR and Umpire held that V.P. to be allocated during shutdown (18-7to 31-7) as per Reg.58(8)a). Appeal to FC.
Decision 31779
Full Text of Decision 31779
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay paid on an anniversary date while the claimant was on maternity leave. Allocation made pursuant to Reg.58(8). Held that Regulation had been properly implemented.
Decision 25143
Full Text of Decision 25143
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0496.94
Decision A-0496.94
Full Text of Decision A-0496.94
summary
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay (v.p.) paid during lock-out on 3-11-90 and allocated from 28-10-90. Umpire determined that v.p. was not to be so allocated for the reason that it became "payable" on 1-1-90. The Court concluded that v.p. is payable when a claimant could in law enforce the payment. Matter returned to BOR
Decision 26456
Full Text of Decision 26456
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0071.95
Decision A-0071.95
Full Text of Decision A-0071.95
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay for time not taken in a year to be paid upon request any time in the following year commencing January 1. Held by the Umpire that the vacation pay becomes immediately due or owed January 1 regardless of when the amount is actually paid and that reg. 58(8)(b) applies. Upheld by FC.
Decision 27951
Full Text of Decision 27951
summary
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| earnings |
vacation pay |
in any other case |
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Summary:
The Board wrongly concluded that the word payable in 58(8)(b)(i) means when the monies are received. The word payable means payable. It does not mean when received. Held that the $500.00 vacation bonus received from Ford Motor Company in 12-92 was payable in 6-92 and subparagraph 58(8)(b)(i) applies.
Decision 25488
Full Text of Decision 25488
summary
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| earnings |
vacation pay |
in any other case |
|
Summary:
Claimant submits that the dates supplied for the allocation of the vacation pay are "hind-sight". In that respect he is correct. However, that is what the Regulations mandate. Ss. 58(8) is clear that the vacation pay is to be allocated according to when payable and not when it was actually paid.
Decision 22173
Full Text of Decision 22173
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Claimant took a leave without pay in 9-90 to attend university. Job not guaranteed at end of leave in 4-91, so she requested her vacation pay. It appears that the money was paid not by reason of separation or lay-off but because of claimant's request. The money must be allocated when paid.
other summary
| Other Issue(s): |
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| earnings |
charter |
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Decision 21526
Full Text of Decision 21526
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay paid on anniversary date 2 weeks before layoff correctly allocated under reg. 58(8)(b) from the week paid. As for "the first week for which it is payable", the logical inference is that vacation pay would be payable in respect of the week following its payment.
Decision A-0258.90
Full Text of Decision A-0258.90
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Claimant's 1987 vacation pay not paid to her on a timely basis because of employer's financial difficulties. Paid to her in 11-88. The Board and the Umpire erred in law in characterizing as a loan the unpaid amount. It does not possess the attributes of a loan. No such evidence.
other summary
| Other Issue(s): |
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| board of referees |
errors in law |
misinterpretation of facts |
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| earnings |
vacation pay |
specific period |
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Decision A-0446.89
Full Text of Decision A-0446.89
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay paid in 6-87 on one's anniversary date was not paid in respect of layoff or separation. As there is no evidence that he took his holidays during a specific period in 1986, the monies were properly allocated under 58(8)(b) in 6-87, said the Umpire. Upheld by the FC.
Decision 16981
Full Text of Decision 16981
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0446.89
Decision 18398
Full Text of Decision 18398
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay paid on anniversary date during lay-off. Claimant was recalled to work a few weeks later and specific dates were then arranged for vacation. Jurisprudence thoroughly examined. Reg. 58(8)(a) does not fit the circumstances. Nor does 58(9). Reg. 58(8)(b) applies.
other summary
| Other Issue(s): |
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| earnings |
vacation pay |
specific period |
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Decision 17975
Full Text of Decision 17975
summary
| Issue: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Laid off 7-2-86. Returned 20-10-86. Vacation pay cheques prepared in week 6-7-86 held for employees on layoff until return to work unless requested. Monies received by claimant 10-11-86. Normal vacation period: end of 7-86. Reg. 58(13)(c), not 58(13)(a), applies effective 6-7-86.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| board of referees |
jurisdiction |
independent decision-making |
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| board of referees |
jurisdiction |
priority of law |
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| earnings |
vacation pay |
specific period |
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| board of referees |
errors in law |
excess of jurisdiction |
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Decision 15657
Full Text of Decision 15657
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0059.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
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Decision A-0059.89
Full Text of Decision A-0059.89
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Laid off 10-86. Vacation pay for 1986 paid by employer in 1-87 allocated under 58(8)(b). The Umpire made no error in finding, contrary to the Board, that the collective agreement did not create a trust and consequently vacation pay was earnings.
other summary
| Other Issue(s): |
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| earnings |
vacation pay |
trust fund |
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Decision A-0058.89
Full Text of Decision A-0058.89
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Laid off 11-86. Vacation pay for 1986 paid by employer in 1-87 allocated under 58(13)(c). CUB 15360 distinguished by Umpire. The Umpire made no error in finding that the collective agreement did not create a trust and consequently vacation pay was earnings.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
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Decision 15659
Full Text of Decision 15659
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0058.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
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Decision 17579
Full Text of Decision 17579
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
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Summary:
Under collective agreement, vacation pay should have been paid 9-87 at time of vacation; paid by mistake 5-87 at expiry of maternity leave. As for CUB-11819, employer made the mistake and claimant does not have to suffer from it.
Decision 17534
Full Text of Decision 17534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Vacation pay paid to claimant every two weeks with his pay cheque while working part-time. It is clear the allocation was correctly applied under 58(13)(c) since it was not paid (a) in respect of a specific vacation period nor (b) as a result of a layoff or separation.
Decision 15239A
Full Text of Decision 15239A
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay paid at time of annual vacation shutdown. Reg. 58(8)(b) applies even to these claimants who were laid off several weeks before, worked during the shutdown and had vacation scheduled for a later period. Reg. 58(8)(a) can only apply where vacation already taken.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
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Decision 17021
Full Text of Decision 17021
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay paid on anniversary date allocated as per average weekly wage plus part-time earnings. There is no dispute that the vacation pay is earnings and was paid on a specific anniversary date. As such it was properly allocated under 58(13)(c).
Decision 16514
Full Text of Decision 16514
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| earnings |
vacation pay |
in any other case |
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Summary:
Claimant paid vacation pay on anniversary date (22-6) while employed. Laid off 11-7. Monies to be allocated under reg. 58(13)(c) as of 22-6. No proof that he actually had a prior specific vacation period as alleged which would bring 58(13)(a) into play.
Decision 16518
Full Text of Decision 16518
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Claimant had taken 2 weeks' vacation in 6-86 but was not paid for this until the end of the year. It is employer's policy to pay vacation only once a year. His vacation pay of $3,215 was properly allocated from 1-87 pursuant to reg. 58(13)(c).
Decision 15928
Full Text of Decision 15928
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
The practice is to pay vacation pay 30-6 each year and employee given corresponding number of weeks as vacation. Monies paid here 30-6-87 and vacation scheduled for 12-87. Reg. 58(13)(c) applies. Paid on basis of practice not in respect of vacation. PREUSCHE distinguished.
Decision 15921
Full Text of Decision 15921
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay, paid on anniversary date while claimant not working due to illness, is earnings. Correctly allocated under 58(13)(c) commencing with week in which paid, even if claimant subsequently booked vacation for later period. Not paid in respect ofvacation or separation.
Decision 15809
Full Text of Decision 15809
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Due to mutual oversight or ignorance, claimant did not receive her vacation pay until 2 months after she ceased working. Monies correctly allocated under reg. 58(13)(c) beginning with the week in which vacation pay was paid.
Decision 15774
Full Text of Decision 15774
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Laid off 14-7, vacation pay paid 15-7 (anniversary date). Vacation period booked for next December. Since vacation pay was in fact paid on an annual basis every 15-7 regardless of whether vacation was taken, reg. 58(13)(c) should be applied and not 58(13)(a).
Decision 15658
Full Text of Decision 15658
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Claimant laid off 2-1-87. He had requested his vacation pay some 2 weeks prior to layoff and it was paid 10-1-87. Correctly allocated from 4-1-87 under reg. 58(13)(c).
Decision 15323
Full Text of Decision 15323
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay paid some time after layoff. Prima facie vacation pay is earnings under reg. 57(2)(a) to be allocated under reg. 58(13). Even if the monies were not paid in respect of the layoff as per reg. 58(13)(b), reg. 58(13)(c) applies "in any other case".
Decision A-0493.87
Full Text of Decision A-0493.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Often vacation pay paid after severance of employment may be viewed as moneys that became payable in respect thereof, in that they are usually triggered by severance and paid in consequence thereof. Here, the layoff occurred 29-3 and vacation was paid on anniversary date in July.
Decision 13818
Full Text of Decision 13818
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Refer to: A-0493.87
Decision A-0869.87
Full Text of Decision A-0869.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Claimant laid off on 31-10-85. No need for employer to pay vacation pay until 1-2-86 as this was the anniversay date of agreement. Monies paid 18-1-86 and were correctly allocated under para. 58(8)(b) starting with week of payment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
official wordings differ |
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Decision 14666
Full Text of Decision 14666
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
If vacation pay does not come within 58(13)(b) then it must come within (c). The Board assumed that if it did not come within (b) it was exempt from allocation. This is not so. If neither (a) nor (b) applies, then (c) which starts out "in any other case" must apply.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Decision 14273
Full Text of Decision 14273
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Paid during layoff. The pay was clearly not referrable either to a specific vacation period or a layoff or separation from employment under reg. 58(13)(a) and (b) and was properly allocated to the week in which it was paid or payable.
Decision 14111
Full Text of Decision 14111
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Properly allocated under 58(8)(b). The cheque issued was the balance owing of anniversary holiday pay part of which covered previous anniversary date to time of winter holidays. It was the actual amount payable on anniversary date that must be taken into account.
