| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Summary:
The 4% vacation pay, payable every 15 weeks pursuant to the work contract, was not paid. Total amount received after 37 weeks upon termination. The amount due and payable (re the first 30 weeks) prior to the termination was not allocated by reason of the layoff. The balance was paid.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
Summary:
The employer's failure to pay the vacation pay when it became due and payable and the fact that it was paid in full at the time of the employee's separation does not alter the nature of the payment made "at the time" of separation into a payment made by "reason" of that separation.**The 4% vacation pay, payable every 15 weeks pursuant to the work contract, was not paid. Total amount paid after 37 weeks upon termination. The amount due and payable (re the first 30 weeks) prior to the termination was not paid by reason of the layoff; the balance was paid.**It does not necessarily follow merely from the fact that under the work contract, vacation pay became due and payable before the day of the lay-off, payment is made "at the time" rather than "by reason" of the separation. Considerations must be given to all provisions of the contract.**The time at which vacation is paid may well coincide with that of the layoff, without the payment being made by reason of that event. The day of the layoff therefore, constitutes the time and not the cause of the payment.
