Decision 35026

Case Number Claimant Judge Language Decision date
Decision 35026   Cullen  English 1996-09-27
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  normal weekly earnings  defined 


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.

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