| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
allocation |
|
Summary:
This is an application for the judicial review of an SST-AD decision dismissing the appeal of GD decision on allocation of settlement earnings. Ms. Court was paid regular EI benefits after her employer terminated her employment and subsequently stopped her regular benefits in favour of maternity/parental benefits. Later, the claimant commenced legal proceedings for wrongful dismissal against her former employer and settled her claim receiving $33,828.83 in damages and interest. The Commission retroactively allocated the settlement amount to when she lost her employment, applied it against her Employment Insurance claim, thus resulting in the overpayment of $11,352. The General Division interpreted s. 45 of the EIA to mean that the claimant was responsible for an overpayment because her former employer paid the Claimant damages relating to her wrongful dismissal claim relating to the same period when she received Employment Insurance benefits. The General Division also determined that the claimant had to repay an amount that the Commission would not have paid if the employer had paid her earnings during this same timeframe. The SST-AD found that the General Division did not err in its interpretation of section 45 of the Employment Insurance Act. The application for judicial review was dismissed.
