| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
bankruptcy |
|
|
Summary:
The claimant worked from November 16, 1998, to October 4, 2002. In March 2009, the trustee notified the Commission, in the context of an arrangement proposal for MINE JEFFREY INC. that it was to pay a dividend to the employees and former employees. This dividend consists of the vacation pay due on October 7, 2002. The Commission allocated the amount which resulted in an overpayment. The claimant appealed and argued that no vacation pay was paid on that day. He also argued that, as a result of the events, he did not consider that the amounts were applicable in 2002, given that the company had filed for bankruptcy protection and that the employees had lost everything, including their benefits and their outstanding vacation pay. The Commission can allocate earnings beyond the 36-month period. However, the Board finds that the allocation of the appellant's earnings must be dated December 20, 2004. Claimant’s appeal is dismissed by the Umpire.
