Summary of Issue: In Lieu Of Notice

Decision 22469 Full Text of Decision 22469

In accordance with Construction Decree, employer not required to give an advance a 48 hours notice for the last day of work (Saturday) if he pays the rate increase by 100%. This amont is paid or payable by "reason of layoff" and had to be allocated in accordance with ss. 58(9) instead of 58(3).

Decision 20395 Full Text of Decision 20395

The insured ceased working Friday 8-12-89 and was paid 8 hours in lieu of notice. CUB-20126 examined. Reg. 58(9) clearly indicates that remuneration, like the notice, cannot be added to a full week's work; it must be distributed over the following.

Decision 20328 Full Text of Decision 20328

Works from 12 to 16-6-89 and gets paid 8 hours notice. It has been well-established that when one has received one's full salary for the layoff week, the notice is distributed over the following week; Reg. 58(10.1). NICOLICH does not apply since the 1987 changes.

Decision 20126 Full Text of Decision 20126

The insured ceases working on Friday 22-9-89 after working a full week; 8-hours salary paid in lieu of notice. The Board mistaken in coming to conclusion that notice should have been distributed over the last week of work rather than the following week.

Decision 19827 Full Text of Decision 19827

Salary in lieu of notice, as added to salary of last week of work must be distributed according to Reg. 58(10.1) so as not to exceed the remuneration of one-week's work.

Decision 19097 Full Text of Decision 19097

A plumber who was given 8 hours in wages as advance notice. Reg. 58(10.1) stipulates that such advance notice paid or payable as the result of a layoff arising after 4-4-87 must be distributed over a number of consecutive weeks beginning with the week of the layoff.

Decision 17722 Full Text of Decision 17722

The Board made a mistake in deciding that the amount paid as advance notice should, in view of the collective agreement, be added to the last working week of the claimant rather than distributed, beginning with the week when he was laid off.

Decision A-0249.87 Full Text of Decision A-0249.87

We are in full agreement with the Umpire. As per the Umpire, the consequence of the amendment is that when wages in lieu of notice are paid pursuant to the usual legal requirement or when paid pursuant to a requirement of provincial law, they will be treated as earnings.

Decision 13991 Full Text of Decision 13991

It is common, where a decision is made to terminate one for economic or business reasons which do not constitute just cause for dismissal, for the employer to immediately terminate the employee with pay in lieu of notice. Negotiations play an important role in determining amount.

Decision 13966 Full Text of Decision 13966

Half a year's salary as payment in lieu of notice plus vacation pay not exempt under reg. 57(3). Accordingly, I am satisfied that the monies are earnings properly allocated pursuant to 58(10).

Decision 13841 Full Text of Decision 13841

The claimant's contract with the School Board required him to give 6 months' notice of termination which he did on 1-5. Mutually agreed afterwards he would cease 30-6. Amount received was not severance pay but wages in lieu of notice covering the 4 months left. [p. 5]

Decision 13810 Full Text of Decision 13810

Normally payable when either a temporary or indefinite lay-off is about to occur; calculation governed by collective agreement or provincial legislation. Ontario legislation provides for a minimum. Paid in lieu of number of weeks notice to be given.

Decision 10979 Full Text of Decision 10979

Company sold and insured informed on 23-2 that he would stop work on 23-4. Left on 12-3 and received sum he described as severance pay. No agreement or collective agreement to that effect. Provincial Act required 1 month notice; in reality notice to 23-4.