| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
in any other case |
|
Summary:
Vacation pay paid on anniversary date during lay-off. Claimant was recalled to work a few weeks later and specific dates were then arranged for vacation. Jurisprudence thoroughly examined. Reg. 58(8)(a) does not fit the circumstances. Nor does 58(9). Reg. 58(8)(b) applies.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
specific period |
|
Summary:
PREUSCHE & McMASTER examined. The reason for resorting to past periods under 58(8)(a) is that the unemployed cannot be expected to go on vacation. The legislation cannot ascertain whether or not he will still be laid off when the chosen time scheduled for later rolls around.
PREUSCHE & McMASTER permits allocation to actual vacation time already taken in the year under 58(8)(a). It does not explain the term "payable". Of course since vacation must be taken in the year for which the annual vacation pay is paid, it cannot be allocated to previous year.
