Decision 18206

Case Number Claimant Judge Language Decision date
Decision 18206   McNair  English 1990-07-25
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  charter 

Summary:

It is not for a Board or an Umpire to enact its own prescripts regarding the extent of reduction of earnings necessary to constitute an interruption of earnings. Under para. 44(r), it is the Commission which is empowered to make regulations to this effect.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  reduction in hours 

Summary:

Weekly hours reduced from 24 to 8 1/2. She was given the choice of working either 3 days in every 3rd week or Fridays of every week. She opted for the latter. Last day worked: 13-5. First day of new schedule: 20-5. Validity of reg. 37(1) confirmed in HARTMANN. By reading reg. 37(1), (2) and (2.1), it will be seen that a prescribed reduction in earnings can arise only in conjunction with illness, injury, quarantine, pregnancy or adoption. The Commisson has enacted no regulations for other circumstances. Reg. 37(1) then applies.


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