| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
nature of monies |
|
Summary:
Claimant filed a wrongful dismissal complaint and obtained from Novia Scotia Department of Labour an order of reinstatement. The order was appealed by the employer but the day before the hearing a settlement was negotiated where the claimant gave up his right to be reinstated in return for a lump sum of $35,000. The Commission considered the settlement to be earnings and to be allocated. Both the BOR and the Umpire accepted the claimant's point of view and ruled that the monies paid were not payable by reason of a lay-off or separation but rather in respect to an order for reinstatement.**NOTA: The Commission agreed that the Umpire misinterpreted the notion of "right of reinstatement" and requested a judicial review from the FCA.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
Summary:
Claimant filed a wrongful dismissal complaint and obtained from Novia Scotia Department of Labour an order of reinstatement. The order was appealed by the employer but the day before the hearing a settlement was negotiated where the claimant gave up his right to be reinstated in return for a lump sum of $35,000. The Commission considered the settlement to be earnings and to be allocated. Both the BOR and the Umpire accepted the claimant's point of view and ruled that the monies paid were not payable by reason of a lay-off or separation but rather in respect to an order for reinstatement.**NOTA: The Commission agreed that the Umpire misinterpreted the notion of "right of reinstatement" and requested a judicial review from the FCA.
