Decision 21939

Case Number Claimant Judge Language Decision date
Decision 21939   Reed  English 1992-10-15
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  usual weekly earnings 

Summary:

I have some difficulty in following CUB 13943. Ss. 10(2) contains a number of requirements all of which must be met for the section to apply. When one is missing, the requirements have not been met. That of "usual remuneration" is not met in cases of deferred salary leave plans.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  deferred salary leave plans 

Summary:

B.C. teacher who took advantage of the Salary Deferral Plan in 1987. Retroactive ruling. Ss. 10(2) not applicable. Claimant not in receipt of usual remuneration. There is no doubt that prior to the amendment of the Act effective 18-11-90, there was considerable uncertainty concerning the appropriate treatment of situations such as this. That amendment added ss. 10(3) to the Act, so that such situations are now clearly covered.


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