Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
awards |
as income |
|
Summary:
While provincial legislation provides for 8 weeks wages in lieu of notice for an employee with 10 years' service, that is no measure for one with 30 years. Settlement would be based on an estimate of what a court might award, not on basis of minimum provincial legislation.
The jurisprudence is clear that awards are presumed to be compensation for lost wages. If claimant can prove they include compensation for other types of damage, e.g. defamation or loss of reputation, that amount is not earnings. The burden of proof lies upon the claimant.