Decision A0340.06

Case Number Claimant Judge Language Decision date
Decision A0340.06 Ferguson  Evans   English 2007-03-22
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  Monies By Reason of Separation  Program for Laid Off Employees 

Summary:

The claimant received a payment on the voluntary termination of employment pursuant to an income extension aid program contained in a collective agreement. The program was designed to assist employees laid off for lack of work. The Court said that there was no factual basis for allocating the payment within the various items of the collective agreement. The payment could not be likened, as did the Umpire, to one made pursuant to a settlement over alleged wrongful dismissal. Rather it is analogous to a payment made under a work force reduction program. Given the breadth of the words "earnings", there was nothing unreasonable in the Board's conclusion that the program fell within the scope of "earnings".


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