Summary of Issue: Repayment Of Debt

Decision 66449 Full Text of Decision 66449

The claimant owed monies to his employer. The employer decided that the claimant was entitled to a severance package, which according to the evidence, would have been paid to the claimant had he not owed monies to the employer. These monies constituted earnings which had to be allocated pursuant to section 36(9) of the Regulations.

Decision 27639 Full Text of Decision 27639

Even though the claimant owed his employer $3,200, the latter nevertheless decided to pay him a "severance bonus". This bonus was never actually paid, but rather served to pay back and write off the loan in question.

Decision A-0394.92 Full Text of Decision A-0394.92

A payment may be made by way of set-off against a debt. In such case, the extinction of the mutual debts between the parties must be analyzed as resulting from two payments from one to the other in both directions. In order to speak of a legal set-off, there must necessarily be debts on both sides.

Decision 20777 Full Text of Decision 20777

Refer to: A-0394.92

Decision 20288 Full Text of Decision 20288

The claimant was clearly entitled to $1823 in vacation and severance pay. This was the amount "payable" to him, even if the employer chose to offset the amount actually paid by the amount of the debt which the claimant owed to the company.

Decision 18028 Full Text of Decision 18028

The claimant had borrowed money from her sister and was reimbursing $40 a week by working in the latter's hairdressing salon on weekends. This constitutes earnings even though she did not receive cash payment.

Decision 14279 Full Text of Decision 14279

Severance pay of $132,000 paid directly to the bank to reduce a debt. There is no question that the Board's decision is correct in law.

Decision A-0397.85 Full Text of Decision A-0397.85

Wage-loss payments withheld by insurer for a 3-month period to repay an overpayment. Claimant "received" the payments once they had been credited against his debt to the insurer or, if the insurer was wrong, claimant was entitled to receive his payments on applying for them.

Decision 10295 Full Text of Decision 10295

Need only examine contract signed by claimant and employer to conclude that decision of board correct. Contract stipulates that work will be done to repay debt owed by claimant.

Decision 09543 Full Text of Decision 09543

Insured worked for CEGEP in 1979 and received $4,136 overpayment of salary because of administrative error. She then worked without pay from 17-1 to 26-4 to repay overpayment.

Decision A-0856.77 Full Text of Decision A-0856.77

This does not mean that earnings do not include amounts deductible by the employer under some arrangement between the employer and employee for application on some indebtedness or for payment to a third person.