| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
|
Summary:
We are in full agreement with the Umpire. As per the Umpire, the consequence of the amendment is that when wages in lieu of notice are paid pursuant to the usual legal requirement or when paid pursuant to a requirement of provincial law, they will be treated as earnings.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
|
Summary:
We are in full agreement with Umpire. As per Umpire, following the amendment, settlement payments made as the result of the settlement of a wrongful dismissal action, commenced in the courts in the usual way, or negotiated outside a specific court action, will be earnings.
The record does not show that there was evidence on which the Board could have found that the sum received by claimant in settlement of his grievance was compensation for something other than loss of wages.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
applicability |
|
Summary:
We are in full agreement with Umpire. S. 57 describes what comprises earnings in the hands of claimant. S. 58 describes how those earnings are to be allocated. One need not consider s. 58 until determination made under s. 57.
