Decision A-0258.79

Case Number Claimant Judge Language Decision date
Decision A-0258.79 Hawkins Judith  Federal  English 1979-10-09
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  bonus  recalling one to work 

Summary:

Difference between salary and UI paid by Simon Fraser University in B.C. following maternity leave. Because of the requirement for return to work and the object was to encourage return to work, the monies were properly allocated to the periods after claimant returned to work. In this case as well, the entitlement to the reimbursement arises upon return to work. As return to work is a condition precedent to payment, Hawkins applies. Return to work was a mere condition to which was subordinated claimant's right to be compensated for her maternity leave. This does not alter the fact that the payment was for the period of the leave.**NOTE: the same situation applies in the case of Amy S. Yu (A-0256.79) and Marie Susan Buchmann (A-0257.79).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  wage-loss indemnity  maternity 

Summary:

Difference between salary and UI paid by University of B.C. following maternity leave. In this case as well, the entitlement to the reimbursement arises upon return to work. As return to work is a condition precedent to payment, Hawkins applies. Because of the requirement for return to work and the object was to encourage return to work, the monies were properly allocated to the periods after claimant returned to work.**NOTE: the same situation applies in the case of Amy S. Yu (A-0256.79) and Marie Susan Buchmann (A-0257.79).


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