| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
adjournment of hearing |
|
Summary:
Unable to attend hearing. Phoned many times without avail. The Commission subsequently offered claimant a rehearing. He chose instead to proceed to Umpire. That is an option open to him. But this does not negate the fact he was unable to present his case before the Board.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
designated holidays |
|
Summary:
Reg. 58(12) refers to the allocation of pay paid for a statutory holiday when claimant does not work on that day. It does not apply to overtime pay for working on that day.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
|
Summary:
Reg. 58(12) does not apply to overtime pay for working on statutory holidays. Reg. 58(3) governs the allocation of the amounts paid to claimant. It provides for "wages or salary". It is clear that wages paid are to be allocated to days for which earned.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Summary:
Reg. 58(13)(b) was designed to have vacation pay allocated to a period of time following separation in proportion to the amount claimant would have earned had he worked. Overtime pay for earlier days of the week does not reduce the amount of vacation pay allocatable to that week.
| 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).
