Decision 74720

Case Number Claimant Judge Language Decision date
Decision 74720   Seniuk, Gerald T.G.  English 2010-06-25
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  by reason of separation 

Summary:

Mr. X claims the BOR erred in the allocation of monies receive as he was no longer an employee of the company when the monies were determined and paid out pursuant to a settlement agreement. It is recognized that settlement agreements that are connected to a separation of employment may have an amount that is not calculated as earnings under the Act. The Board determined that despite the view of the settlement held by the claimant, there was no evidence to support his claim, the funds were paid out as separation monies. Clearly the money paid out to the claimant by the employer was in recognition of the termination of the employer-employee relationship. The claimant’s appeal is dismissed by the Umpire.


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