Summary of Issue: Non-Competitive Clause


Decision A-0599.92 Full Text of Decision A-0599.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income non-competitive clause
Summary:

The fact that the Agreement contains a non-competitive clause does not preclude the periodic payments from being classified as pension income, if that is their "true nature". The Board was correct in characterizing the non-competitive allowance as a pension. Upheld by the FC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings severance pay definition
board of referees errors in law meaning of a term
earnings income nature of monies
earnings pension definition

Decision 20965 Full Text of Decision 20965

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income non-competitive clause
Summary:

Refer to: A-0599.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income nature of monies
board of referees errors in law meaning of a term
earnings severance pay definition
earnings pension definition

Decision 13535 Full Text of Decision 13535

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income non-competitive clause
Summary:

The portion of the payment allocable to the non competition covenant is not income. The portion allocable as damages in respect of the threatened action for wrongful dismissal is income. What must be determined is what portion should be allocated to each covenant. [p. 5]

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