Decision 15507

Case Number Claimant Judge Language Decision date
Decision 15507   Martin  English 1988-06-30
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  nature of monies 

Summary:

Whether a retiring allowance arising out of out-of-court settlement for 1 specific week falls under reg. 58(5) or (9). The distinction is that 58(9) contemplates voluntary payments by an employer, and 58(5) a payment which has been forced upon the employer. 58(5) applies here.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  allocation 

Summary:

The Employment Standards Act of Ontario has no application to this matter. It provides for a time within which a severance payment must be made. It does not purport to allocate the payment to a particular time.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  job search and relocation expenses 

Summary:

Out-of-court settlement including $3000 as a relocation allowance considered earnings by the Board. Onus on claimant to show special circumstances exist that monies were not to replace lost income. Apart from his statement that he did spend the money tosecure work, no evidence.


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