| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
Whether the funds are held in a separate account is not necessarily determinative. While this may be preferable, what is important is that the beneficial interest of the employee be identifiable and distinct from the time funds are held in his name and be payable at his request.
Vacation pay generally paid out weekly. Pursuant to claimant's instructions, the money was deducted from his cheque (income tax and UI paid) and held by employer until requested a few days prior to a layoff of which claimant was unaware at the time. Monies considered savings.
