| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
nature of monies |
|
Summary:
After 18 years, claimant left her employment because of health problems. She was awarded a settlement equivalent to 24 months for wrongful dismissal. An appropriate rule of thumb to fix a period of damages for wrongful dismissal was to award one month for each year of service. Claimant claimed that the additional 6 months was for the mental duress she had been subjected. Based on these facts, the Umpire ruled that the extra 6 months should not be considered as earnings and not be allocated. The Court found that it was open for the Umpire to make that decision and summarily dismissed the Commission's request for judicial review.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
rationale |
|
Summary:
After 18 years, claimant left her employment because of health problems. She was awarded a settlement equivalent to 24 months for wrongful dismissal. An appropriate rule of thumb to fix a period of damages for wrongful dismissal was to award one month for each year of service. Claimant claimed that the additional 6 months was for the mental duress she had been subjected. Based on these facts, the Umpire ruled that the extra 6 months should not be considered as earnings and not be allocated. The Court found that it was open for the Umpire to make that decision and summarily dismissed the Commission's request for judicial review.
