| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Summary:
Claimant argues that the authority of para. 44(q) is limited to earnings falling in periods of unemployment and quotes VENNARI while vacation pay is earnings for weeks of employment. I find no merit in that argument. Reasoning in VENNARI explained.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
|
|
Summary:
The question is whether s. 58 must be applied for determining when an interruption of earnings occurs. The question must clearly be answered in the affirmative. The Commission has the power, under 44(r), to make regulations. It was exercised when ss.37(1) was made.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
trust fund |
|
Summary:
Before the Umpire, claimant had unsuccessfully argued that the Employment Standards Act of Ontario created a trust and made the employer the trustee of his vacation pay. At the hearing of this application, he expressly abandoned that contention.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
vacation pay |
by reason of lay-off or separation |
|
Summary:
On separation from employment, the claimant received 65 days of accumulated vacation pay. This sum was allocated under ss. 58(9) to weeks following separation and claimant could not prove that there was an interruption of earnings.
