Decision A-1118.88

Case Number Claimant Judge Language Decision date
Decision A-1118.88 Laporte Gérard  Federal  French 1989-12-18
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  15838 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  accumulated sick leave credits 

Summary:

Holiday pay, bonus for seniority and sick leave paid upon separation from employment. The only question in dispute is whether those sums, which otherwise would be considered earnings, come within the purview of the exception in para. 57(3)(h).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  each word counts 

Summary:

Two possibilities: (i) and (ii). The legislature cannot be assumed to have spoken in vain when it enacted (i). If payments contemplated in (i) were also covered by (ii), subpara. (i) would be deprived of meaning. Application of (ii) excluded if the case is covered by (i).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  as income 

Summary:

Holiday pay, bonus for seniority and sick leave paid upon separation from employment. The only question in dispute is whether those sums, which otherwise would be considered earnings, come within the purview of the exception in para. 57(3)(h).


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