Decision 26353

Case Number Claimant Judge Language Decision date
Decision 26353   Simpson  English 1994-12-12
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wages or salary  designated holidays 

Summary:

It does not matter whether claimant was entitled to such payments because she did not take them and chose instead to save the time off she earned by working on statutory holidays. The holiday pay was paid by reason of her termination and ss. 58(9) applies, not 58(12).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wages or salary  overtime 

Summary:

Claimant did not actually receive overtime payments. Rather, she accumulated future time off. In these circumstances, the termination was the cause of the payment of overtime pay. For this reason, the Board correctly applied ss. 58(9).


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