Decision 13943

Case Number Claimant Judge Language Decision date
Decision 13943   Jerome  English 1987-07-27
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  deferred salary leave plans 

Summary:

Teacher who opted for early retirement effective 3 years later and who ceased work 1-7 on the understanding that she would be paid 75% of salary in 3 installments over the next 3 years. Contract continues for the purpose of reg. 46.1(2)(a).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  contract of services 

Summary:

Teacher given the choice of retiring in 85 or 88. Chose 88 and left on preretirement leave. Received 75% of salary. Pension contributions and other benefits imply a continuing contractual relationship. Contract of service continues.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  usual weekly earnings 

Summary:

Teacher who opted for preretirement leave with 75% of salary. The parties to the contract have changed the conditions on both sides: claimant's obligation drops to zero and salary to 75%. This is a contract with new amount just as her obligations are new.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  rationale 

Summary:

Regs. 57 and 58 express the principle that those who receive money from employment, even though severed from it, do not collect UI benefits until exhausted. For a genuinely unemployed claimant, benefits not to exceed 60% of salary. Not payable if one receives 75%.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  7 days without earnings 

Summary:

Teacher opting for early retirement effective 3 years later. Ceased work 1-7 on the understanding that she would be paid 75% of salary in 3 installments over the next 3 years. Contract continues.


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