Summary of Issue: Awards


Decision A-0733.95 Full Text of Decision A-0733.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability awards
Summary:

FCA found that the Umpire erred in law when he allocated pursuant to s. 57 & 58 of the Reg., a sum received by the claimant for unjust dismissal and then treated those weeks as weeks of insurable employment.** FCA stated that a person who has been dismissed or otherwise separated from his or her employment, and receives compensation therefor, ceases to be employed. The fact that the compensation may be allocated for purposes of calculating benefits to some number of weeks following the dismissal doesn't mean that the person continues in that insurable employment which by definition has come to an end.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability jurisdiction
umpires errors in law excess of jurisdiction

Decision 11610 Full Text of Decision 11610

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability awards
Summary:

If it is necessary to determine whether the arbitration award is insurable earnings that decision cannot be made by the Board but rather by the Minister of National Revenue under s.75.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability jurisdiction
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