Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
wages or salary |
designated holidays |
|
Summary:
The Umpire held that a sum received by the claimant from her employer at the time of her layoff, having been paid to her in respect of holidays, had to be allocated pursuant to ss. 58(12). This decision cannot stand. The sum became payable as a consequence of her layoff. Ss. 58(9) applies.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
allocation |
by reason of separation |
|
Summary:
Compensatory pay for statutory holidays. The sum became payable to claimant and was paid to her as a consequence of her layoff. It follows that, regardless of the nature of those earnings and of the period in respect of which they were payable, they had to be allocated pursuant to ss. 58(9).