Decision A-0520.01
Full Text of Decision A-0520.01
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Summary:
After 18 years, claimant left her employment because of health problems. She was awarded a settlement equivalent to 24 months for wrongful dismissal. An appropriate rule of thumb to fix a period of damages for wrongful dismissal was to award one month for each year of service. Claimant claimed that the additional 6 months was for the mental duress she had been subjected. Based on these facts, the Umpire ruled that the extra 6 months should not be considered as earnings and not be allocated. The Court found that it was open for the Umpire to make that decision and summarily dismissed the Commission's request for judicial review.
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Decision 51759
Full Text of Decision 51759
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See summary indexed under FCA A-0520.01
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Decision A-0567.99
Full Text of Decision A-0567.99
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In characterizing settlement amounts as earnings or non-earnings it is important to keep in mind the basic principles. A settlement payment made in respect of an action for wrongful dismissal is "income arising out of ...employment" unless due to "special circumstances" some portion of it should be regarded as compensation for some other expenses or loss. While the principles enunciated in Renaud (CUB 17899) were "generally" endorsed by the FCA in Dunn (A-0231.95), the Court reiterated that in each case it is a matter of fact to be determined on the evidence as to the various components of the settlement.
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Decision 42598A
Full Text of Decision 42598A
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See summary indexed under FCA A-0567.99
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Decision 40458
Full Text of Decision 40458
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If a clmt alleged having incurred a loss as a result of wrongful dismissal and is then compensated by a third party, this loss no longer exists and the clmt must repay to the Commission the benefits paid to him.
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Decision 26203
Full Text of Decision 26203
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The object of the inclusiveness of the definition of "earnings" is to prevent employers and employees from supplementing separation payments with UI benefits, and to prevent former employees from receiving income from two sources.
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