Decision A-0708.92

Case Number Claimant Judge Language Decision date
Decision A-0708.92 Kieley Gary  Federal  English 1993-06-09
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant  20866 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  compensatory leave 

Summary:

Ss.10(4) is a clear provision expressed in clear terms. It matters not if the collective agreement refers to lay-off, or lay days, or leave without pay, or two weeks on, two weeks off, the presumption raised by the statute covers them all, said the Umpire. FC not persuaded that the Umpire erred.**Worked for Marine Atlantic in Nfld. Entitled to 2 weeks off after completing a 2-week working period. The fact that it coincided with his lay-off is of no consequence. It is further of no consequence that as a spare worker his leave should be deemed to have occurred earlier. Upheld by FC.


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