| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Summary:
This case involves the determination of the amount of insurable earnings where a record of employment overlaps into the rate calculation period. It also involves whether the allocation exception in section 24 of the EI Regulations applies should the claimant or the employer present evidence of the insurable earnings actually earned in the rate calculation period. Application of the exception could result in a weekly benefit rate of $413 instead of $381 as was determined by the Commission. The Court ruled that the lump sum adjustment in salary the claimant, a teacher, received for past service, although paid in the rate calculation period, was earned over the course of the contract period. It was properly allocated by the Commission over the period of the claimant's contract of employment as per subsection 23(2) of the EIR.
