Summary of Issue: Allocation

Decision A-0369.99 Full Text of Decision A-0369.99

Claimant worked as an accountant for her husband and was paid annually. While on maternity leave, she continued to provide accounting services but stated that she only worked 2½ hours per week and that no person was hired to take over her duties. The BOR and the Umpire determined that she was employed under an oral contract of services for her husband and that the earnings had to be allocated to the period in which the services were performed, even during the maternity leave. The Court held that it was essentially a question of credibility and dismissed the claimant's application.

Decision 44649 Full Text of Decision 44649

See summary indexed under FCA A-0369.99

Decision A-1105.90 Full Text of Decision A-1105.90

It was argued that the signing bonus was a raise for the current year (for future services) to be allocated under ss. 58(3) and (18)(a). These provisions are cast in retrospective, not prospective terms; they refer to services already performed, not services to be performed.

Decision 18360 Full Text of Decision 18360

Refer to: A-1105.90

Decision 19563 Full Text of Decision 19563

Teacher who received on 25-2-88 an increase in salary effective 29-1-88. It is clear from reg. 58(3) and (4) that it is not the date upon which the money was actually paid which is the determining factor, but rather the date upon which the money became payable.

Decision 19206 Full Text of Decision 19206

Salary of a supply teacher adjusted retroactively. On the basis of Reg. 58(3), the amount of money received when the salary was readjusted because she had worked for 20 consecutive days must be distributed over the period during which she did the work. [p. 6]

Decision 17302 Full Text of Decision 17302

No record of weekly earnings. The Board used claimant's bi-weekly pay stubs and divided the amount earned in half, allocating it evenly to each week. This was the most reasonable method of calculation. It was found as a fact that she did earn more than she reported.

Decision 16579 Full Text of Decision 16579

Employees sent in their payroll cards on Fridays. If one worked on Saturday, the company would include this in the following week. For UI purposes, weeks consist of 7 consecutive days commencing on Sunday. Not infrequent for one in good faith to report earnings in week received.

Decision 12675 Full Text of Decision 12675

Judgment holds that even if there is delay in receiving salary owing, salary must be allocated to period when services rendered.

Decision 12414 Full Text of Decision 12414

Earnings for work performed on Sunday were allocated to the week during which the work was performed in accordance with reg. 58(3).

Decision 11181 Full Text of Decision 11181

Claimant worked and had earnings in 5-83. The Commission allocated them to the weeks in which they were earned pursuant to reg. 58. These earnings were correctly allocated to weeks during which the services were rendered.