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Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
Monies By Reason of Separation |
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Summary:
This is one of several cases involve the closing of a shipbuilding company and payments made pursuant to a closure pay plan some four years later. The payments were allocated from the date of separation identified by the Commission, i.e. the date of the termination of bargaining rights confirmed by the respective provincial governing body, some four years after the date of layoff. The Umpire reversed the Board's ruling that the payments were not earnings. But the Umpire considered the allocation should be from the earlier date of layoff. The Court said that the trigger for eligibility for benefits is a cessation of work and an interruption of earning and since the allocation is relevant to the calculation of the benefits payable and the commencement of the benefit period, it is logical that it should coincide with the date of eligibility. Whether the events which give rise to eligibility occur as a result of lay-off or separation is immaterial, the relevant date being the date of eligibility. See related cases A-250-05 (Walsh), A-300-05(Burns) and A-301-05(McKee). These decisions are restricted to the facts of these cases. The current Commission policy on the interpretation of section 36(9) of the Regulations continue to apply.
