Decision 67705
Full Text of Decision 67705
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| earnings |
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Summary:
In accordance with the collective agreement, the claimant, a teacher, was not paid her statutory holiday pay for July 1, 2005 until she worked her next work day on her return to work in September. A retroactive allocation resulted in an overpayment. See related CUBs 67702-67704.
Decision 65649
Full Text of Decision 65649
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| earnings |
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Summary:
The payment for a statutory holiday must be allocated in accordance with subsection 36(13) of the Regulations, namely, to the week in which the statutory holiday is observed.
Decision 52670
Full Text of Decision 52670
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Summary:
Claimant worked for Produits Forestiers Donohue Inc. and received $396 under the collective agreement for holiday pay during the week of 27-11-2000. Decided that the money was not paid for any particular statutory holiday, but as a lump sum equivalent to the earnings for a statutory holiday for the months during which there was no statutory holiday. The amount was allocated to the week during which it was paid.
Decision 26353
Full Text of Decision 26353
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Summary:
It does not matter whether claimant was entitled to such payments because she did not take them and chose instead to save the time off she earned by working on statutory holidays. The holiday pay was paid by reason of her termination and ss. 58(9) applies, not 58(12).
other summary
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| earnings |
wages or salary |
overtime |
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Decision A-0076.94
Full Text of Decision A-0076.94
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| earnings |
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Summary:
The Umpire held that a sum received by the claimant from her employer at the time of her layoff, having been paid to her in respect of holidays, had to be allocated pursuant to ss. 58(12). This decision cannot stand. The sum became payable as a consequence of her layoff. Ss. 58(9) applies.
other summary
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| earnings |
allocation |
by reason of separation |
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Decision 23924
Full Text of Decision 23924
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| earnings |
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Summary:
Refer to: A-0076.94
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| earnings |
allocation |
by reason of separation |
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Decision 25184
Full Text of Decision 25184
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Summary:
Held that the Board erred when it concluded that ss. 58(12) did not apply and that the monies for the Christmas and New Year holidays should be allocated in the weeks in which they were paid, that is to say three weeks after their return to work.
Decision 22585
Full Text of Decision 22585
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Summary:
Collective agreement authorizes the transfer of 3 statutory holidays to the week before where there were 2 others holidays. Invalid argument. The observance of a statutory holiday to be transferred to a week when the business was closed, obviously leads to an absurd result. See MARCHAND.
Decision 22093
Full Text of Decision 22093
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Summary:
Every time an employee works during a statutory holiday during the navigation season, he is paid his regular salary and accumulates two days leave convertible into cash at the end of the season. The Board erred in applying Reg. 58(12) rather than 58(9) to those days.
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| earnings |
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overtime |
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Decision 22029
Full Text of Decision 22029
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Summary:
According to the insured, the remuneration for Christmas and New Year's Day holidays was paid in trust to be paid out during July vacations on condition he resume work in March. Reg. 58(12) seems very explicit to me, does not seem to allow any exception and is not ambiguous.
Decision 18994
Full Text of Decision 18994
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Summary:
Claimant laid off 30-6-89 and received pay in lieu of a paid statutory holiday of 1-7-89 which fell on a Saturday, a non-working day. Pay correctly allocated to following Monday. Holiday observed on 3-7 in accordance with the collective agreement.
Decision 18889
Full Text of Decision 18889
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Summary:
Earnings for 1-1 and 2-1 correctly distributed over the week of 1-1-89 even though the agreement between the employer and the union included these days of leave in the week ending 31-12-88. Parties to a contract cannot, by agreement, prevent the law from being applied.
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| board of referees |
legislative authority |
contract and labour agreement |
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Decision 16678
Full Text of Decision 16678
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Summary:
A textile plant, where when it was closed down in December employees were paid an amount of money representing unidentified holidays. Distribution carried out in accordance with Reg. 58(12) as from 21-12, beginning of the closure.
Decision A-0148.88
Full Text of Decision A-0148.88
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Summary:
The Board's decision was clearly based on a perverse finding of fact, namely that the parties had postponed the observance of a plant holiday to a day when the plant was closed and which was, moreover, a Sunday.
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14671
Full Text of Decision 14671
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Summary:
Refer to: A-0148.88
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14926
Full Text of Decision 14926
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Summary:
Yearly bonus provided in collective agreement as compensation in lieu of statutory holidays amounting to 7% of gross wages. Allocation under 58(10) was erroneous but should be made under 58(12) as statutory holidays.
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| earnings |
bonuses and gratuities |
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Decision 14859
Full Text of Decision 14859
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Summary:
Reg. 58(12) refers to the allocation of pay paid for a statutory holiday when claimant does not work on that day. It does not apply to overtime pay for working on that day.
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| board of referees |
jurisdiction |
adjournment of hearing |
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| earnings |
wages or salary |
overtime |
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| earnings |
vacation pay |
by reason of lay-off or separation |
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| earnings |
allocation |
normal weekly earnings |
overtime |
Decision 13721A
Full Text of Decision 13721A
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Summary:
Statutory holidays falling during lay-off paid if claimant recalled within 90 days. No alternative but allocate holiday pay in week holiday occurred regardless of when a claimant returns to work and is entitled to receive it.
Decision 14067
Full Text of Decision 14067
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Summary:
Easter holiday paid under collective agreement at Christmas or at time of lay-off, if earlier. Laid off in 6-84 and holiday pay nonetheless paid in 12-84. Examines CIB-8068. I cannot see what formula other than the CEIC's could be used [allocated to 12-84].
Decision 13624
Full Text of Decision 13624
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Summary:
Christmas and New Year holidays changed to movable holidays falling in beginning of December under clause of collective agreement. CUB-3119 and 4175 considered. Allocation to be made to week at beginning of December.
Decision 12376
Full Text of Decision 12376
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Summary:
Employed aboard vessel, laid off 30-9 and paid statutory holiday pay to 31-10. No interruption of earnings. Statutory pay is pay in excess of regular rate for hours worked on a statutory holiday.
Decision 10379
Full Text of Decision 10379
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| earnings |
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Summary:
Monies allocated to 3 separate weeks because holidays fall on weekends and were in general moved to the following week. The employment was such that the mine kept working 7 days a week. Thus holidays were observed on the day of the week on which they actually fell.
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| job creation |
remuneration from another source |
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Decision 09670
Full Text of Decision 09670
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Summary:
Unemployed since 12-9, she did not receive Christmas and New Year pay until March when she returned to work. Only date of payment postponed by collective agreement. Money properly allocated under Reg. 58(12).
Decision A-0832.82
Full Text of Decision A-0832.82
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Summary:
Claimant received $190 for 25 and 26-12 (advance pay against future credits but not stated in the judgment). That sum constituted "pay received in respect of a holiday" that had to be allocated under reg. 58(12). In treating the sum as a mere loan, the Board erred in law.
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| board of referees |
errors in law |
misinterpretation of facts |
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