Decision A-1194.87

Case Number Claimant Judge Language Decision date
Decision A-1194.87 Aird Walter  Federal  English 1989-02-17
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  change of wording 

Summary:

The word "severance" in subparagraph 57(3)(h) which reads "cessation définitive" in French does not include an indefinite layoff. The subsequent amendment replacing severance by "layoff or separation" and deleting "définitive" in the French text is a change of legislative intent, not a clarification.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  by reason of lay-off or separation 

Summary:

Vacation pay allocated to a laid off employee at the time active employees were paid just prior to the vacation shutdown, was not paid "in respect of his severance" under 57(3)(h) in the sense of "in consequence of" or in the sense of severance being the cause of the payment.


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