Summary of Issue: Leave Terminating With End Of School Year

Decision A-0151.01 Full Text of Decision A-0151.01

Relying on the FCA decision in Partridge (A-0704.97), the Court came to the conclusion that the claimant's payments of hold-back pay during the summer months meant that he still had a contract of employment during those months. The Court also distinguished the case of Ying (A-0101.98) on the basis that in Ying, there was no summer hold-back pay and that there was a break of time and legal continuity between the original teaching contract and the renewal contract. It also found that the claimant was still employed as evidenced by the hold-back pay paid during the summer months.

Decision A-0704.97 Full Text of Decision A-0704.97

See facts summary under 38574. FCA ruled that there was no evidence suggesting that the claimant was not paid for the entire school year when she signed a new contract effective 01-07-93. References made to FCA decisions in Gauthier (A-0128.95), St-Coeur (A-0080.95), Hann (A-0678.95) and Ying (A-0101.98). Commission's appeal allowed.

Decision A-0097.81 Full Text of Decision A-0097.81

Ontario teacher on leave from 23-3-79. Claimant's leave terminated 29-6-79. From that date, she was in exactly the same position as other teachers who taught a full school year. PETTS held that such teachers are paid for July and August and there is no interruption of earnings.