Summary of Issue: Overtime

Decision 30018 Full Text of Decision 30018

Claimant working more than regular 37.5 hour work week could leave the pay to which he became entitled for the o/t hours, referred to as "banked time", and claim it at a later time. R.58(4) not applicable because amounts not paid "under a contract of employment without the performance of services". Amounts paid for services performed at an earlier time but for which claimant had chosen not to take payment until later. Earnings became payable when the services were performed. It seems clear that the amounts paid to the claimant should be allocated in accordance with R.58(3). Under appeal to FC.

Decision 26353 Full Text of Decision 26353

Claimant did not actually receive overtime payments. Rather, she accumulated future time off. In these circumstances, the termination was the cause of the payment of overtime pay. For this reason, the Board correctly applied ss. 58(9).

Decision 22093 Full Text of Decision 22093

Every time an employee works during a statutory holiday during the navigation season, he is paid his regular salary and accumulates two days leave convertible into cash at the end of the season. The Board erred in applying Reg. 58(12) rather than 58(9) to those days.

Decision 18163 Full Text of Decision 18163

Grievance settled in favour of employees wanting overtime to be paid rather than taken as leave. The Board used a directive from Revenue Canada to cancel the distribution made by CEIC in accordance with Reg. 58(3).

Decision 14859 Full Text of Decision 14859

Reg. 58(12) does not apply to overtime pay for working on statutory holidays. Reg. 58(3) governs the allocation of the amounts paid to claimant. It provides for "wages or salary". It is clear that wages paid are to be allocated to days for which earned.