Decision 75796

Case Number Claimant Judge Language Decision date
Decision 75796   Goulard G.  English 2010-10-22
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


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

Summary:

The claimant sued his employer for wrongful dismissal and eventually settled his claim out of court for a total amount of $10,000.00. The claimant had also received a vacation pay and a payment in lieu of notice. The Commission determined that the moneys received constituted earnings and allocated the amounts. This resulted in an overpayment of $5,230.00. The claimant appeal the decision, the only issue under appeal was the allocation of the $10,000.00 settlement. The agreement did not provide any breakdown of the reasons for which the moneys were paid. In the absence of legal fees paid by the claimant, fees which could be subtracted before allocation, the full $10,000.00 must therefore be allocated. The appeal is dismissed.


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