Summary of Issue: Notice Pay

Decision 50998 Full Text of Decision 50998

Claimant has 889 hours of insurable employment instead of the 910 hours required. Modified ROE submitted indicating a $728 pay in lieu of notice after a complaint to Labour Standards. Amount can be used to raise the insurable earnings but cannot generate hours of insurable employment.

Decision 15138A Full Text of Decision 15138A

Claimant had 17 instead of the 20 required insured weeks. She alleges that the 6 weeks pay in lieu of notice should be considered as insurable earnings, thus crediting her with an additional 6 weeks of insurable employment.

Decision A-0788.88 Full Text of Decision A-0788.88

The practical application of ss. 36(6) leads me to conclude that the amount paid by way of notice without the employee in fact having worked should be regarded as increasing the insurable earnings but not as an additional insured week. Upheld by FC without comment.

Decision 15410 Full Text of Decision 15410

Refer to: A-0788.88

Decision 13393 Full Text of Decision 13393

18 weeks instead of 20, however he was paid 2 weeks in lieu of notice ruled not insurable. The question of whether employment is insurable or not is solely within the jurisdiction of Revenue Canada.