| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
commissions |
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Summary:
The issue is whether commissions owing to the claimant should be allocated pursuant to Section 36 of the EI Act. The claimant says they were owed only after a decision of the New Brunswick Labour and Employment Board, in her favour rendered on April 16, 2010 after she had finished receiving benefits. The Commission argued the commissions were owed when they should have been received by the claimant, which was in the fall of 2009, early 2010 when she was receiving benefits. The commissions are attributable to the weeks they would have been received in the normal course. As well, the Labour and Employment Board did not create the right to the commissions – they simply confirmed the entitlement to it. The appeal by the commission is allowed and the Board’s decision is rescinded.
