Decision 19490

Case Number Claimant Judge Language Decision date
Decision 19490   Cullen  English 1991-05-07
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  paid or payable 

Summary:

Vacation pay due in 1-90 as per the collective agreement but paid upon layoff in 11-89. The Regulations only require that the money be "paid" or "payable", and therefore it is not necessary to consider the effect of the word "payable".


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  by reason of lay-off or separation 

Summary:

Even if I accepted that the employer should have waited until 1-90 and not pay vacation pay on layoff in 11-89, the date of receipt is not material. The money, even if not received on layoff, would have been "payable" in the future in respect of a layoff. 58(13)(b) would apply.


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