Decision 20126
Full Text of Decision 20126
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
concurrent |
Summary:
NICOLICH not applicable since changes brought to Act in 1987. I see nothing in Reg. 58(10.1) indicating it is possible to have double distribution of remuneration during the same week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision 76208
Full Text of Decision 76208
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
defined |
Summary:
The claimant was hired as a residential manager at a salary to be paid monthly. The employer also rented an apartment to the claimant for which the monthly rental was equal to her monthly salary. It was agreed that if she did not pay the rent it would be deducted from her salary. Therefore, the claimant did not receive an actual pay cheque. While working under this arrangement the claimant was also in receipt of E. I. benefits and, since she did not receive any dollars in her hands, she did not report any earnings. The Commission was made aware of the salary being paid to her resulting in an overpayment. The appeal by the claimant was dismissed by the Umpire.
Decision 55327
Full Text of Decision 55327
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
defined |
Summary:
Claimant argued that the performance incentive bonus did form part of her weekly earnings as it was earned based on her work performance throughout the year, on a week by week basis. Umpire recognizes that the claimant is right in arguing that her performance bonus forms part of her "normal yearly earnings" but, referring to the FCA decision in Michael Fox (A-0841.96), he held that the bonus could not be considered as an amount that the claimant "received or earned on a regular basis".
Decision A-0841.96
Full Text of Decision A-0841.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
defined |
Summary:
FCA concluded that the Umpire erred in including amounts for vac. pay, an annual incentive allowance and a 25-year service award as part of the claimant's normal weekly earnings. Court ruled that the term normal weekly earnings means the ordinary, usual earnings that a claimant receives or earns on a regular basis and does not include the amounts in question here, which are more properly characterized as fring benefits or extra amounts.
Decision 35026
Full Text of Decision 35026
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
defined |
Summary:
Statutory scheme does not define NWE. Commission's position is that only monies paid regularly to claimant should be included as NWE. Denied by Umpire and Commission directed to include V.P., incentive allowance and the 25-year service award in NWE for allocation purposes. Decision appealed to FCA.
NOTE: The Commission is of the opinion that the expression "normal weekly earnings" for allocation purposes must be given its plain meaning, i.e., what is included on the employee's bi-weekly paycheque. There is also no jurisprudence at the Federal Court level on this issue.
Decision 65565
Full Text of Decision 65565
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
Jurisprudence clearly establishes that amounts paid as employee fringe benefits are not part of a claimant's normal weekly earnings.
Decision 35855
Full Text of Decision 35855
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
The normal weekly earnings(NWE) is not defined in the Act or Reg. Facts on file will indicate which hourly rate of pay paid by the employer was used to determine the NWE. Held by Umpire that it would be inconceivable that a NWE would be determined outside the ROE.
Decision 27316
Full Text of Decision 27316
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
Claimant argued that the severance payment included 15% for benefits usually covered in such settlements, i.e. holidays, sick benefits and others. The Board ruled that the allocation was correctly made on the basis of normal gross weekly earnings excluding fringe benefits. Ruling upheld by Umpire.
Decision 27106
Full Text of Decision 27106
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
Severance pay allocated to claimant. The question is whether the Board erred in law when it decided that fringe benefits should be included in the determination of normal weekly earnings. The reasoning in CUB 4499 is supportive of the Commission's position. The Board misapplied the facts to the law.
Decision 25263
Full Text of Decision 25263
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
Severance pay based on 18 months' salary plus certain fringe benefits were allocated over a period of more than 20 months. Held that the definition of the word 'earnings' in s. 57 and 58 is the same and that, in this case, fringe benefits were to be included in calculating 'normal weekly earnings'.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
rationale |
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Decision 24992
Full Text of Decision 24992
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
fringe benefits |
Summary:
Claimant said that the settlement included an increase in his weekly earnings to reflect extra expenses. There was no evidence of any such adjustment in his salary. Where the settlement is silent as to adjustments of the nature suggested, the normal allocation (weekly salary) must be followed.
Decision 20395
Full Text of Decision 20395
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Summary:
The insured ceased working Friday 8-12-89 and was paid 8 hours in lieu of notice. CUB-20126 examined. Reg. 58(9) clearly indicates that remuneration, like the notice, cannot be added to a full week's work; it must be distributed over the following.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Decision 20328
Full Text of Decision 20328
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Summary:
Works from 12 to 16-6-89 and gets paid 8 hours notice. It has been well-established that when one has received one's full salary for the layoff week, the notice is distributed over the following week; Reg. 58(10.1). NICOLICH does not apply since the 1987 changes.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
|
Decision 20126
Full Text of Decision 20126
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Summary:
The insured ceases working on Friday 22-9-89 after working a full week; 8-hours salary paid in lieu of notice. The Board mistaken in coming to conclusion that notice should have been distributed over the last week of work rather than the following week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
|
| earnings |
allocation |
normal weekly earnings |
concurrent |
Decision 19827
Full Text of Decision 19827
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Summary:
Salary in lieu of notice, as added to salary of last week of work must be distributed according to Reg. 58(10.1) so as not to exceed the remuneration of one-week's work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
|
Decision 17722
Full Text of Decision 17722
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Summary:
The Board made a mistake in deciding that the amount paid as advance notice should, in view of the collective agreement, be added to the last working week of the claimant rather than distributed, beginning with the week when he was laid off.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
|
Decision A-0691.90
Full Text of Decision A-0691.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
others |
Summary:
Part-time teacher who stopped working on Thursday 30-6-88. Having received her normal salary for the last week of work, payment for sick leave was correctly distributed, on the basis of her normal salary, as from the following week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
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| earnings |
allocation |
without services |
|
| teaching |
earnings |
accumulated sick leave credits |
|
Decision 18458
Full Text of Decision 18458
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
others |
Summary:
Refer to: A-0691.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
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| earnings |
allocation |
without services |
|
| teaching |
earnings |
accumulated sick leave credits |
|
Decision 63865
Full Text of Decision 63865
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
overtime |
Summary:
A claimant's normal weekly earnings mean "the ordinary, usual earnings that a claimant receives or earns on a regular basis" and does not include amounts received otherwise. In this case, it cannot be said that the claimant's overtime was part of his normal weekly earnings, none having been paid for some months.
Decision 14859
Full Text of Decision 14859
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
overtime |
Summary:
Calculation to be done without reference to any amounts earned by claimant during the week of 18-5-86 which is not normal weekly earnings (i.e. overtime pay on account of a statutory holiday).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
adjournment of hearing |
|
| earnings |
wages or salary |
designated holidays |
|
| earnings |
wages or salary |
overtime |
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| earnings |
vacation pay |
by reason of lay-off or separation |
|
Decision A-0857.77
Full Text of Decision A-0857.77
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
overtime |
Summary:
Construction worker in Quebec who regularly worked overtime totalling 84 hours per week. The word "normal" must be given its usual meaning, and regard had to the earnings he regularly received. Judgment upheld by the FC without comment.
Decision 22023
Full Text of Decision 22023
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
part-time |
Summary:
On his application for benefit the claimant stated his normal weekly hours to be 24 and his wage rate to be $18.00 per hour, resulting in normal weekly earnings of $432.00. It was appropriate for the Commission to allocate the sum of $432.00 to each of the weeks commencing 10-2.
Decision 14101
Full Text of Decision 14101
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
part-time |
Summary:
Severance pay allocated on the basis of former wages based on part-time work. Claimant says it should be allocated over a lesser period of time, on the basis of weekly wage which was $460 had he worked full-time. The Commission agreed and conceded.
Decision A-0207.99
Full Text of Decision A-0207.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
vac. pay |
Summary:
Vacation pay paid upon lay-off and allocated from separation. Claimant alleged that previously she used to get her v.p. in the weeks preceeding her lay-off and that no allocation was done. The payroll however was relocated in the USA and employees were no longer paid v.p. unless they were actually taking time off. Claimant did not take vacation time. Umpire refused to interfere with the BOR findings and the FCA summarily dismissed the claimant's application for judicial review.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
|
Decision 44001
Full Text of Decision 44001
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
vac. pay |
Summary:
See summary indexed under FCA A-0207.99
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
|
Decision 29034
Full Text of Decision 29034
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
vac. pay |
Summary:
Even though the normal work week is 45 hours, vacation pay is calculated at 4% of gross earnings or 80 hours at regular rate, whichever is greater, for each week of vacation. Held that this does not define a normal work week. Rather, it is a formula for calculation of vacation pay.
Decision 20060
Full Text of Decision 20060
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
vac. pay |
Summary:
Part of the vacation pay was allocated to week ending 7-10 because he had not worked a full week and therefore his actual wages received were less than his normal earnings. Therefore some of the vacation pay could be allocated to that week with the restto the following week.
Decision 19850
Full Text of Decision 19850
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
vac. pay |
Summary:
Claimant is not entitled to have his vacation pay allocated to the same week in which he received his lay-day pay. In this case the Act requires that the allocation of vacation pay is to be to the period following termination at his normal weekly earnings.
