| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Summary:
Vacation pay paid just prior to layoff. In interpreting "in respect of" in reg. 58(13)(b), one should have regard to the real cause for the payment. He was entitled to claim vacation pay because he was about to be laid off. Otherwise he would have had the option of a vacation.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
If vacation pay does not come within 58(13)(b) then it must come within (c). The Board assumed that if it did not come within (b) it was exempt from allocation. This is not so. If neither (a) nor (b) applies, then (c) which starts out "in any other case" must apply.
