Decision 21070A

Case Number Claimant Judge Language Decision date
Decision 21070A   Rouleau  English 1992-12-22
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  specific period 

Summary:

Laid off in 1-90. Recalled for a short period in 2-90 at which time he booked 2 weeks holiday scheduled to begin in 10-90. Vacation pay paid in 7-90 while still on layoff. PREUSCHE and MCMASTER examined. The statement that "the unemployed cannot be expected to go on vacation" is applicable here. PREUSCHE & McMASTER referred to. The Commission submits that the words "in respect of" in the former ss. 58(13) and the word "for" in ss. 58(8) have the same meaning. I agree with that submission. I am satisfied that the legislator did not intend to change the meaning of the regulation.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  evidence new 

Summary:

I must address the question of new evidence presented by counsel for claimant. S. 86 quoted. The Board has ruled in favour of claimant without the benefit of this new evidence which counsel now wishes to submit. I am not prepared to allow the introduction of such at this stage of the proceedings.


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