| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
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Summary:
The claimants returned to work for one week after establishing a claim for benefits. That week was deemed to be the last pay period, as in subsection 23(1.1) of the EI Regulations, for the purpose of allocating a retroactive pay increase received later, preventing a higher benefit rate. The Federal Court of Appeal defined the phrase "regular salary, wages or commissions" found in subsection 23(1.1) and as stated by the Supreme Court of Canada in Abrahams, concluded that the word "regular" was to be used with the connotation of continuity. The Court determined that when the claimants went back to work for a week, it was "casual and intermittent" and the payments received for that week was not "regular salary".
