| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
Summary:
Teacher who received $545 as accumulated sick leave when her employment contract expired. Umpire found that Kinkead (A-217-93) applied, that the compensation was a direct result of the work contract and that the separation merely provided the opportunity. Judgment overturned by the FCA. The FCA reiterated its position taken in Kinkead, explaining that the Umpire had shifted the focus. Payment was made "as a result of" the separation, within the meaning of the text, when it became due and payable upon actual termination of the employment. The obligation it was intended to fulfil was only potential as long as the job continued and would only materialize, becoming liquid and payable, when the employment actually came to an end.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
paid or payable |
|
Summary:
Teacher who received $545 as accumulated sick leave when her employment contract expired. Umpire found that Kinkead (A-217-93) applied, that the compensation was a direct result of the work contract and that the separation merely provided the opportunity. Judgment overturned by the FCA. The FCA reiterated its position taken in Kinkead, explaining that the Umpire had shifted the focus. Payment was made "as a result of" the separation, within the meaning of the text, when it became due and payable upon actual termination of the employment. The obligation it was intended to fulfil was only potential as long as the job continued and would only materialize, becoming liquid and payable, when the employment actually came to an end.
