| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
defined |
Summary:
Statutory scheme does not define NWE. Commission's position is that only monies paid regularly to claimant should be included as NWE. Denied by Umpire and Commission directed to include V.P., incentive allowance and the 25-year service award in NWE for allocation purposes. Decision appealed to FCA.
NOTE: The Commission is of the opinion that the expression "normal weekly earnings" for allocation purposes must be given its plain meaning, i.e., what is included on the employee's bi-weekly paycheque. There is also no jurisprudence at the Federal Court level on this issue.
