Summary of Issue: Commissions

Decision 23067 Full Text of Decision 23067

Stated that commissions paid in 2-90 must be allocated in 11-89 and 12-89 despite the type of pay period which was "weekly, on an annual basis". [NOTE: Under the 11-90 amendments, this responsibility is now given to the Minister of Revenue; ss. 89 and 61(3).

Decision 22189 Full Text of Decision 22189

$5,000 bonus paid for occupancy rate to a real estate rental agent. The effect of this amount was to increase the insurable earnings of the last pay period; it was not spread over the work period. I see no error in the Board's decision.

Decision 18570A Full Text of Decision 18570A

Commission salesman who earned 1 commission over 18 weeks. At the hearing, it was soon clarified that neither party was arguing that only the net commission should be treated as earnings. As neither now wants this question to be answered, I will not deal with it further. Commission salesman who earned 1 commission over 18 weeks. It appears to me that the Regulations are adequately clear and that the commission of $2,499 must be averaged over the 18 weeks (and not be allocated to 1 week). As per reg. 36.1, earnings to becalculated on same basis.

Decision 20845 Full Text of Decision 20845

I agree that a bonus is insurable for the week in which paid. Here, the payment was based on a percentage of sales of parts and was paid on the 10th of each month as part of claimant's salary. Not in reality a bonus, more in the nature of a commission. UI rate to be recalculated.

Decision A-0818.90 Full Text of Decision A-0818.90

As to the quantum of earnings, we would observe that the provisions of the UI (Collection of Premiums) Regulations as they relate to "commissions paid...on the basis of a pay period" appear singularly inapt to describe a commission received in respect of a single transaction. Real estate salesman whose employment may or may not be insurable depending on his amount of earnings. Case to be returned to Umpire to decide what was the amount of insurable earnings as a real estate agent and should that amount be allocated to the entire 18 weeks or to one day.

Decision 18570 Full Text of Decision 18570

Refer to: A-0818.90