Summary of Issue: Retaining One's Services

Decision 73014 Full Text of Decision 73014

The last day of work at that company was May 2008. The claimant was paid vacation pay, a severance pay and a retention bonus pay. The company itself referred to these monies as a retention bonus that would be payable to the employees who remained on the job until their services would no longer be required. It was clearly stated as not being a production bonus but being a retention bonus. In those circumstances, the monies paid to the claimant are subject to allocation under sections 35 and 36 of the EI Act. The appeal of the Commission is allowed by the Umpire.

Decision 55953 Full Text of Decision 55953

Claimant's contention is that the incentive bonus was received as a gift. Held that the bonus clearly constituted income arising out of employment. It was only by virtue of the fact that claimant was employed by TimberWest that he was entitled to the bonus money. It was earned income for having achieved the objectives of the Incentive Plan.

Decision 41845 Full Text of Decision 41845

The employer stressed the fact that the entitlement to the payment was tied directly to the number of hours worked in the preceding year and hence was made in respect of services already performed by the claimant. While agreeing that the payment was tied to past performance, the Umpire noted that there was no entitlement to it when the services were performed. Rather, the payment "arises from" the agreement as it is the agreement that has created the entitlement. Commission's appeal allowed.

Decision 26019 Full Text of Decision 26019

Recognition bonus, not covered in the agreement, paid to maintain the level of quality. I am convinced that the bonus cannot be dissociated from the plant closing. Had the plant's operations not terminated, the bonus would not have been created. Allocation according to s. 58(9) of the Regulations.

Decision 24516 Full Text of Decision 24516

Held, while relying on WARREN, GUILBAULT and CUBs 23049 and 21043, that the $100,000. bonus shared by the employees who remained at work until they were laid off due to plant closure should be allocated after termination and not as salary.

Decision 23915 Full Text of Decision 23915

Daily incentive production bonus and early closure pay allocated upon closure of the mine. In light of ss. 58(9), I am unable to accept that the incentive payments and early closure payments should not be allocated as part of his severance monies but rather during the period he earned these monies.

Decision 23049 Full Text of Decision 23049

Laid off in 5-91 and filed for UI. Laid off permanently in 1-92 and received vacation pay and a loyalty bonus. The loyalty bonus would only be payable if the employee worked until the final date, i.e. the final layoff. It is earnings paid or payable by reason of layoff. Properly allocated from 2-92.

Decision 20966 Full Text of Decision 20966

Refer to: A-0600.92

Decision A-0600.92 Full Text of Decision A-0600.92

Permanent closure of company. Bonus of $3.13 per hour payable in lump sum as incentive for workers to stay and complete the job. Not contained in original contract. Held that wages per hour were increased for 28-9-90 to 4-1-91 and are to be allocated under ss. 58(3). Upheld by FC.

Decision 21043 Full Text of Decision 21043

Production bonus which was not part of the severance pay package and was paid only to those employees who continued working to the date of the plant closure. Claimant worked beyond date of closure and received bonus upon separation. Correctly allocated to subsequent weeks.

Decision 13149A Full Text of Decision 13149A

H & R Block. Bonus paid at end of employment based on total tax volume was allocated by averaging the sum over the number of weeks of employment as per reg. 58(2). Employer cannot determine when the services were performed that gave rise to the commissions.

Decision 12121A Full Text of Decision 12121A

The Board was of the opinion that, although claimant was offered a severance package, she chose to be bound by the terms of an agreement which required a commitment from her to provide a service in return for salary. Appeal dismissed.

Decision 13625 Full Text of Decision 13625

Bonus allocated under 58(10) starting on last day of work. Bonus was described as bonus paid to employees to encourage them to stay with the company, equivalent to 1 1/2% of annual salary.

Decision 12356 Full Text of Decision 12356

I am satisfied that the stand-by pay must be treated as earnings, that there was at least an oral contract. This arose out of his employment. Under reg. 58(4), these earnings must be allocated to the period of stand-by. [p. 4-5]

Decision 11703 Full Text of Decision 11703

Pool compensation is severance/layoff pay according to agreement. Paid weekly to claimant by Pacific Western Airlines. No reason to conclude that pool arrangement should result in a redefinition of severance pay.