Decision 67758

Case Number Claimant Judge Language Decision date
Decision 67758   Goulard G.  French 2007-02-14
Decision Appealed Appellant Corresponding Case
Dismissed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  bonus  Company Performance 

Summary:

There was no connection between payment of the bonus and the services performed by the claimant. The bonus was related solely to the company's overall performance, and the employer had complete discretion over whether to pay the bonus. I am therefore of the opinion that subsection 36(4) of the Regulations cannot apply in this case. I am also of the opinion that the other subsections between subsections 36(1) and (18) cannot apply to the allocation of the bonus in question. Subsection 36(19) must therefore apply.


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