Summary of Issue: Program For Laid Off Employees

Decision 74820 Full Text of Decision 74820

The claimant had received a sum of money after he resigned. This money came from a community development trust. The purpose of the trust was to provide new opportunities to forest workers affected because of the difficult market conditions at that time. The trust was set up in the spring of 2008 and was for a period of three years. The assistance was for forest workers who were over 55 years of age and interested in retiring. The claimant was awarded $30,072 from the trust fund program. When the claimant received these monies, he was on EI benefits. The Commission therefore under subsection 36(9) of the Regulations, allocated this money according to his normal weekly earnings and this resulted in the claimant having an overpayment. The appeal by the claimant is dismissed by the Umpire.

Decision A0340.06 Full Text of Decision A0340.06

The claimant received a payment on the voluntary termination of employment pursuant to an income extension aid program contained in a collective agreement. The program was designed to assist employees laid off for lack of work. The Court said that there was no factual basis for allocating the payment within the various items of the collective agreement. The payment could not be likened, as did the Umpire, to one made pursuant to a settlement over alleged wrongful dismissal. Rather it is analogous to a payment made under a work force reduction program. Given the breadth of the words "earnings", there was nothing unreasonable in the Board's conclusion that the program fell within the scope of "earnings".

Decision 66605 Full Text of Decision 66605

The claimant received $ 4,000 in layoff benefits under the employer's Layoff Assistance Benefits Plan which were allocated retroactively under subsection 36(9) of the Regulations from the point of termination of employment. See also CUB 66562.