Decision A-1028.91
Full Text of Decision A-1028.91
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
contract and labour agreement |
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Summary:
We are all of the opinion that the Umpire was correct to decide that the Board had erred in law by interpreting a clear clause in the collective agreement governing the claimants in a manner which contradicted its text.
Effectively, while the parties are free, as far as they are both concerned, to interpret their agreement the way they mutually agree, they do not enjoy the same freedom when their interpretation affects the rights of third parties.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
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| board of referees |
errors in law |
misinterpretation of provision |
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| earnings |
income |
paid or payable |
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Decision 20198
Full Text of Decision 20198
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
contract and labour agreement |
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Summary:
Refer to: A-1028.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
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| board of referees |
errors in law |
misinterpretation of provision |
|
| earnings |
income |
paid or payable |
|
Decision 18889
Full Text of Decision 18889
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
contract and labour agreement |
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Summary:
Earnings for 1-1 and 2-1 correctly distributed over the week of 1-1-89 even though the agreement between the employer and the union included these days of leave in the week ending 31-12-88. Parties to a contract cannot, by agreement, prevent the law from being applied.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
designated holidays |
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Decision 17902
Full Text of Decision 17902
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
contract and labour agreement |
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Summary:
Those concerned in negotiating the signing bonus intended that the payment would not be treated as income allocated to the week in which paid. Parties to a contract cannot by their agreement avoid the application of general laws, as the Act is, to theirsituation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
transaction |
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| earnings |
bonus |
signing contract |
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