Decision A0315.12

Case Number Claimant Judge Language Decision date
Decision A0315.12 Raymond  Noël  French 2013-05-07
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  Monies By Reason of Separation  retirement benefits 


The claimant and her previous employer signed an agreement resolving their dispute. The employer agreed to give her 19,230.80$ as retirement benefits in exchange of her withdrawing her grievances. In dismissing the application for judicial review, the FCA stated that given the wording of the transaction and the fact that no recourse abandoned by the claimant would have given place to an allocatable payment, if prosecuted successfully, it was open to the Umpire and the BOR before it to conclude that the sum received by the claimant was not allocatable under EIR even in the absence of a breakdown.

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