| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
Summary:
The issue before the BOR had been a correct allocation of earnings. The Brd were in error in law when they failed to apply s. 36(9) of the EI Regulations, which provides that the allocation begins with the week of the layoff or separation from employment. In this case, the claimant stopped working for his former employer in March of 2008 but he was separated from that employment when the company closed in January of 2009. The separation monies were paid to the claimant in February 2009 and because the separation occurred when the company closed in January, these earnings had to be allocated from January to October in accordance with s. 36(9) of the Regulations. The appeal by the Commission is allowed by the Umpire.
