Decision 25395

Case Number Claimant Judge Language Decision date
Decision 25395   Strayer  English 1994-10-05
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  commissions 

Summary:

Monthly commission based partly on managerial work and partly on sales made by consultants allocated by the CEIC to every week of the month. If claimant is unable to demonstrate which amounts are which, the burden being on her to show that the allocation is wrong, the allocation should be restored. As for the portion of the amounts she received which is attributable solely to sales by the company to her consultants, those amounts should be allocated under ss. 58(6) "to the week in which the transaction occurred", namely, the week in which the sales were made by the company to the consultants. She says her earnings were not based on commissions as she was not selling anything. I do not accept this. Her income was based on sales made by the company to her consultants. She was earning a commission on sales made, through her initial efforts in recruiting consultants, to those consultants. Commission based on sales made by claimant's consultants. If a specific portion of the commission she received can be calculated as related to her managerial work, i.e. to the performance of "services", then that portion should be allocated to the weeks in which she performed those services.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  proof 

Summary:

Monthly commission based partly on managerial work and partly on sales made by consultants allocated by the CEIC to every week of the month. If claimant is unable to demonstrate which amounts are which, the burden being on her to show that the allocation is wrong, the allocation should be restored.


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