Summary of Issue


Decision A-0415.95 Full Text of Decision A-0415.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

The allocation of termination benefits has the effect of postponing the benefit period but it does not prolong the previous employment which, by definition, has been lost.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability insured earnings nil
basic concepts rate of benefit computation

Decision 19853 Full Text of Decision 19853

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Claimant contended that he was not laid off but rather that he resigned. He may not have been laid off but his resignation clearly constituted a separation from employment as that term is used in reg. 58(13)(b).

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 19766 Full Text of Decision 19766

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

In the context of the Act, a suspension without pay is equivalent to a loss of employment or a separation from employment. As a result, monies received as settlement must be allocated from the week of separation (suspension without pay) rather than fromfinal termination. [p._9]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings allocation from week of layoff
earnings awards allocation

Decision A-0516.88 Full Text of Decision A-0516.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Dictionary definitions of layoff do not apply to 2(1). When that context is fully appreciated it may be seen that by utilizing "layoff" and "separation from employment", Parliament did not intend that either should embrace a reduction in working hours such as here.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
interruption of earnings conditions required
interruption of earnings conditions required reduction in hours

Decision 15069 Full Text of Decision 15069

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Last day of work: 17-12-85; vacation pay until 31-1-86. In order to determine whether there was termination of employment on 17-12, we must consider whether he continued to receive fringe benefits after 17-12-85. This is an indication. The fact that premiums were deducted is not sufficient.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required

Decision 11220 Full Text of Decision 11220

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Dismissal changed to 3 month suspension by tribunal. Insured did not lose employment; deserved only suspension. On other hand, suffered interruption of earnings and there was interruption of earnings within meaning of subs. 2(1).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct court judgments or out-of-court settlements
misconduct loss of employment definition

Decision 1554080 Full Text of Decision 1554080

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Manitoba teacher who went on maternity leave in March. While the contract was not brought to an end when she left her work, she having sought only a leave of absence, there was a separation from employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability maternity leave
teaching earnings summer months

Decision A-0267.77 Full Text of Decision A-0267.77

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings layoff or separation definition
Summary:

Manitoba teacher who went on maternity leave in March. While the contract was not brought to an end when she left her work, she having sought only a leave of absence, there was a separation from employment. Refer to summary indexed under Supreme Court decision 1554080.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability maternity leave
teaching earnings summer months
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