Decision 53702A

Case Number Claimant Judge Language Decision date
Decision 53702A   Haddad  English 2003-02-03
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  awards  nature of monies 

Summary:

After filing a grievance for wrongful dismissal, claimant received $25,000 as a settlement. The agreement referred to the amount as a retiring allowance in recognition of her 18 years of service. Based on the wording of the agreement, the BOR determined that the amount was not earnings. Held by Umpire that the term "retiring allowance" was inappropriate and appeared to have been selected to insulate the claimant from allocation and repayment of benefits. The legal principle is firmly established that compensation for wrongful dismissal to compensate for loss of salary or wages is earnings under the EIA.


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