Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
allocation |
from week of layoff |
|
Summary:
Retroactive allocation of a separation incentive and severance pay resulting in an overpayment of $10,042. Amounts paid if the claimant had not yet returned to work a year after being laid off and remained on the recall list for two additional years. Citing Savarie (A-704-95), the CFA confirmed the application of 58(9), specifying that it was the lay-off that triggered the application of the collective agreement clause and gave rise to this conditional but already existing obligation to pay.