Decision 29339

Case Number Claimant Judge Language Decision date
Decision 29339   Stevenson  English 1995-09-29
Decision Appealed Appellant Corresponding Case
Dismissed  Yes Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  contract terminating with end of school year 

Summary:

Newfoundland replacement teacher with contract ending 6-92. The narrow issue in this case is "had her contract terminated?" In my view it had. The fact that 10 days later she obtained a new contract with the same employer for the next school year did not nullify that fact.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  guidelines from the Commission 

Summary:

Nothing on file related to the Commission's internal policy referred to by the Board. In any event, the Board and the Umpire must make their own interpretations of the facts and the legislation. Whether the Commission had conflicting internal interpretations is irrelevant. The Board erred in law.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  earnings  summer months 

Summary:

In DICK, it was recognized that when a teacher's salary is paid in 12 monthly installments for 10 months of teaching, the payments relate to the work performed in the 10 months and not to the vacation months of July and August.


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