| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
|
Summary:
Clearly, ss. 58(9) requires allocation of earnings paid in contemplation of lay-off no matter when paid: CUB 21691. Here, the «triggering event» for the payment of termination pay and vacation pay was the anticipated plant closure. Monies to be allocated starting with the week of plant closure.
Laid off prior to 1-1-90, some recalled. Anticipated plant closure 2-2-90. The plant never did completely close, and some rehired. All received vacation and termination monies in 6-90. Irrelevant whether layoff was temporary and whether plant eventually closed. Monies to be allocated from 28-1-90.
Ss. 58(9) refers to a lay-off or separation. With respect to the claimants' argument that the employment relationship was not severed until they abandoned their recall rights, I agree that this may be so in the context of the Employment Standards Act, but not in an unemployment insurance context.
