| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Summary:
A car salesperson who received an advance each month against commissions subsequently earned was not "a person remunerated only by commissions paid at irregular intervals" under reg. 36(4) for the purpose of computing the weekly rate of benefit.
Car salesperson who received an advance each month against commissions earned. Employed from 7-1-85 to 5-6-87. Rate of benefit correctly based on earnings from 1-1-87 to 5-6-87 under reg. 36(4) including weeks during which she took no draws and receivedno commission.
Under 36(4) a person may have nil earnings in some weeks, yet such weeks are still to be included as insured weeks unless illness or other exception. Reg. 36(4) and (5) simply include in the average of earnings over the 20 weeks any week in which claimant received no commission.
