Decision A-0769.90

Case Number Claimant Judge Language Decision date
Decision A-0769.90 Sylvain Gaston  Federal  French 1991-11-29
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  18566 

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  earnings  retroactive contract 


I am not saying that the retroactive effect of the contract could be used against the claimant in order to impose a penalty on him. In the absence of evidence of prior agreement, he could not be criticized for having known, before signing his contract, that he would be paid retroactively.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  allocation  without services 


15-week contract at Laval University (Quebec City) retroactive to 31-8 but signed on 16-9. No services performed in September and October. First pay cheque on 28-10 was for 9 weeks. Subsequently paid every 2nd week. Although retroactivity is pure fiction, SEPINWALL applies. It is now established (see FRENETTE) that monies payable pursuant to a contract of service that includes periods during which no services are performed must be allocated to the period for which payable rather than the days on which they were actually performed.

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