Decision A-0258.90

Case Number Claimant Judge Language Decision date
Decision A-0258.90 Prescod Elaine  Federal  English 1990-10-30
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of facts 

Summary:

Claimant's 1987 vacation pay not paid to her on a timely basis because of employer's financial difficulties. Paid to her in 11-88. The Board and the Umpire erred in law in characterizing as a loan the unpaid amount. It does not possess the attributes of a loan. No such evidence.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  specific period 

Summary:

Entitled to a paid vacation period in 1987 but was asked to work instead. The employer did not have funds available to pay her additional amounts then. Held that monies paid in 11-88 were payable with respect to the 1987 vacation period under para. 58(8)(a). Overturned by FC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  in any other case 

Summary:

Claimant's 1987 vacation pay not paid to her on a timely basis because of employer's financial difficulties. Paid to her in 11-88. The Board and the Umpire erred in law in characterizing as a loan the unpaid amount. It does not possess the attributes of a loan. No such evidence.


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