| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
separation from work |
|
Summary:
The claimants were discharged from their employment due to the bankruptcy of their employer and received several payments such as vacation pay. This decision deals with the application of ss. 36(9) to 36(19) of the EIR with respect to the allocation of earnings. Based on Lemay v. Canada (2005 FCA 433), the FCA reiterated that s. 36(9) of the EIR covers any part of the earnings that becomes due and payable at the time of termination of the contract of employment and the commencement of unemployment. The FCA went on to conclude that s. 36(19) is inapplicable because it can only be used when ss. 36(1) to 36(18) are not applicable. Lastly, the FCA noted that s. 36(9) of the EIR puts emphasis on the motive of the payment rather than its timing.
