Decision 48648

Case Number Claimant Judge Language Decision date
Decision 48648   Marin  English 2000-08-03
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  elected or appointed representative 

Summary:

Claimant, as elected member of a Band Council, received hororaria from the Band. Monies considered as earnings and allocated. Decision upheld by BOR. Umpire ruled that to suggest that the payment was not an entitlement since it flowed from a policy of the Council is not an acceptable distinction. It is the regularity of the payment coupled with the expectation of it which excludes the notion that the payments were in the form of a gift or a gratuity and not a fixed stipend. While the amounts varied, their regularity made it a "fixed" stipend or remuneration. Commission's decision maintained.


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