Decision A-0277.01
Full Text of Decision A-0277.01
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
The monies were paid as a result of a grievance and the grievance was in relation to the issue of severance pay. Held by umpire that the severance is directly related to work and earnings and as such it had to be considered as being earnings and allocated accordingly. Making reference to the Federal Court of Appeal (FCA) decision in King (A-0486.95), the FCA summarily dismissed the application for judicial review.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
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Decision 51134
Full Text of Decision 51134
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
See summary indexed under FCA A-0277.01
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
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Decision 40328
Full Text of Decision 40328
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Clmt alleged that the amounts received from the QPP did not constitute employment income. Anyone who has invested of his own free will in a pension plan is not deprived of benefits if the money invested does not arise directly from employment. The amounts enabling QPP payments to be made to the clmt in this case came from his employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
as income |
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Decision A-0500.95
Full Text of Decision A-0500.95
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Case similar to FCA in King (A-0486.95). Refer to summary indexed.
other summary
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Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
provincial program |
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| earnings |
allocation |
from week of layoff |
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| earnings |
income |
wage protection program |
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| earnings |
relief grants |
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Decision A-0486.95
Full Text of Decision A-0486.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
The Board was correct when it concluded that the payments are caught by the definition of earnings. They clearly arise out of the claimant's employment. Without the employment, the payments would not have been made. They were received from the Ontario Ministry of Labour which is "any other person".**In the case at bar, the payments provided under the Program are compensation, to a maximum amount, for wages of benefits earned but not paid, and are therefore directly related to one of the most critical aspects of the employment relationship. Decision confirmed by FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
provincial program |
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| earnings |
allocation |
from week of layoff |
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| earnings |
income |
wage protection program |
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| earnings |
relief grants |
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Decision 28505
Full Text of Decision 28505
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
income |
arising out of any employment |
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Summary:
The Board was correct when it concluded that the payments are caught by the definition of earnings. They clearly arise out of the claimant's employment. Without the employment, the payments would not have been made. They were received from the Ontario Ministry of Labour which is "any other person".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
relief grants |
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| earnings |
income |
wage protection program |
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Decision 24292
Full Text of Decision 24292
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Refer to: A-0232.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
sale of union jurisdiction |
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Decision A-0232.94
Full Text of Decision A-0232.94
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
income |
arising out of any employment |
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Summary:
HARNETT covers this situation in that the amount received by claimant (for the sale of a union jurisdiction thereby enabling the employer to implement an automated composing room) cannot be said to be "totally unrelated to advantages arising from employment".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
sale of union jurisdiction |
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Decision 19730
Full Text of Decision 19730
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
income |
arising out of any employment |
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Summary:
Monies paid as incentive for early retirement based on the 5 years before attaining the age of 65. It is not disputed that the retirement incentive payment arose out of the claimant's employment: he would not have received it if he had not been employedby the Post Office.
Decision 17563
Full Text of Decision 17563
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
income |
arising out of any employment |
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Summary:
Upon termination, a gratuitous payment, equal to the amount of the employer's contribution to the pension plan, was made into claimant's private RRSP. This is income arising out of employment in the sense that had he not had 3 years' employment, he would not have received it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
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| earnings |
income |
paid into rrsp |
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Decision 17271
Full Text of Decision 17271
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
The wide definitions used in the legislation would lead me to conclude that "employment" means employment anywhere in the world.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
from another country |
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Decision 15956
Full Text of Decision 15956
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Refer to: A-1205.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
hiring contract cancelled |
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Decision A-1205.88
Full Text of Decision A-1205.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Claimant negotiated contract with a prospective employer who later withdrew the offer. Claimant successfully sued for damages. Money awarded in lieu of salary. Definition of employment not dependent on performance of services under ss. 57(1). It suffices that a contract exists.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| earnings |
awards |
hiring contract cancelled |
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Decision A-0106.88
Full Text of Decision A-0106.88
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Payments received from Labatt, a parent company of Zymaize sold to unrelated company. The disability payment, although not arising out of any employment with Labatt, arises out of former employment with Zymaize and that is sufficient under 57(2)(c). Upheld by FC without comment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
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Decision 14625
Full Text of Decision 14625
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Refer to: A-0106.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wage-loss indemnity |
group plan |
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Decision 15683
Full Text of Decision 15683
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Claimant purchased non worked service by paying double contribution. It was only because of her employment that she was able to take advantage of the additional pension benefits and it must therefore be said that it arose out of employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
guidelines from the Commission |
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| earnings |
pension |
own contributions |
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| earnings |
pension |
charter |
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Decision 15297
Full Text of Decision 15297
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Income defined as received from employer or any other person. To be interpreted as ejusdem generis, or of the same kind of designation, i.e. one who stands in the place of an employer or as here the buyer who is the employer's successor. Some nexus withthe employment must exist.
Decision 13534
Full Text of Decision 13534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
|
Summary:
In the face of reg. 57(1), the claimant's submissions are without merit. The amount received would not have been paid had he not been a long-term employee and, in this sense, it must be taken to have arisen out of his employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
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| earnings |
severance pay |
as income |
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Decision 12781
Full Text of Decision 12781
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Hiring contract cancelled and claimant never started work. There was an employment relationship. Definition of earnings very broad. Payment stated to represent 3 months' salary and draw. Comparable to wages in lieu of notice. Not a bonus but paid in lieu of wages.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
hiring contract cancelled |
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Decision 10071
Full Text of Decision 10071
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
arising out of any employment |
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Summary:
Claimant's motivation to join the Corps in 11-82 was that her children were members. Few hours spent there weekly not considered by her as employment. No control by employer. Finally paid compensation in 7-83. Despite very loose terms, income arising out of employment. [p. 11]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
earnings |
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