| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
Summary:
The Umpire and the BOR have correctly concluded that the amount of $14,903.86 received by the claimant from a trustee in bankruptcy represented a payment of $8,221.17 for vacation pay and a payment of $6,682.69 for severance pay. The two amounts constituted earnings within the meaning of section 35 of the EIR, and these earnings were to be allocated in accordance with subsection 36(9) of the EIR. The FCA ruled that it cannot intervene in the findings of fact made by the Umpire and the BOR unless these findings are unreasonable (Budhai and Dunsmuir).
