Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
wages or salary |
overtime |
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Summary:
Claimant working more than regular 37.5 hour work week could leave the pay to which he became entitled for the o/t hours, referred to as "banked time", and claim it at a later time. R.58(4) not applicable because amounts not paid "under a contract of employment without the performance of services".
Amounts paid for services performed at an earlier time but for which claimant had chosen not to take payment until later. Earnings became payable when the services were performed. It seems clear that the amounts paid to the claimant should be allocated in accordance with R.58(3). Under appeal to FC.