Decision A-0151.01

Case Number Claimant Judge Language Decision date
Decision A-0151.01 Bishop Scott J.  Federal  English 2002-06-26
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  50649 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  contract renewed 

Summary:

Relying on the FCA decision in Partridge (A-0704.97), the Court came to the conclusion that the claimant's payments of hold-back pay during the summer months meant that he still had a contract of employment during those months. The Court also distinguished the case of Ying (A-0101.98) on the basis that in Ying, there was no summer hold-back pay and that there was a break of time and legal continuity between the original teaching contract and the renewal contract. It also found that the claimant was still employed as evidenced by the hold-back pay paid during the summer months.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  leave terminating with end of school year 

Summary:

Relying on the FCA decision in Partridge (A-0704.97), the Court came to the conclusion that the claimant's payments of hold-back pay during the summer months meant that he still had a contract of employment during those months. The Court also distinguished the case of Ying (A-0101.98) on the basis that in Ying, there was no summer hold-back pay and that there was a break of time and legal continuity between the original teaching contract and the renewal contract. It also found that the claimant was still employed as evidenced by the hold-back pay paid during the summer months.


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