Decision A0333.12

Case Number Claimant Judge Language Decision date
Decision A0333.12 Lapointe  Noël  French 2013-02-25
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  vacation pay  quebec construction decree 


An investigation revealed that the claimant reported $130.00 a week while the employer stated that the claimant earned $147.08 in each of the 10 weeks at issue. On the basis of these facts, the Commission informed the claimant that the allocation of the unreported wages resulted in an overpayment of $150.00. The claimant argued that he did not consider the unreported amounts earnings because they were deducted by his employer and paid to the CCQ for his annual vacation. The FCA confirmed that the amounts deducted as vacation pay were sent to the CCQ, which acts as a trustee, should be considered earnings subject to allocation under section 36(4) of the Regulations.

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