Decision A0319.06
Full Text of Decision A0319.06
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Summary:
The claimant had argued before the Umpire that the allocation of work earnings was inappropriate since the Commission had amended its earlier decision of "no interruption of earnings" due to the change in ownership of the hotel where he worked (CUB 65971). The FCA simply said : "Having heard the submissions of Mr. Maki, we are unable to detect any error in the Judgment under review."
Decision A-0369.99
Full Text of Decision A-0369.99
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| earnings |
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Summary:
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.
other summary
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| earnings |
allocation |
services provided irregularly |
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Decision 44649
Full Text of Decision 44649
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| earnings |
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Summary:
See summary indexed under FCA A-0369.99
other summary
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| earnings |
allocation |
services provided irregularly |
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Decision 18360
Full Text of Decision 18360
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| earnings |
wages or salary |
allocation |
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Summary:
Refer to: A-1105.90
other summary
| Other Issue(s): |
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| earnings |
bonus |
signing contract |
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| earnings |
allocation |
transaction |
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Decision A-1105.90
Full Text of Decision A-1105.90
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Summary:
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.
other summary
| Other Issue(s): |
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| earnings |
bonus |
signing contract |
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| earnings |
allocation |
transaction |
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Decision 19563
Full Text of Decision 19563
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| earnings |
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Summary:
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.
other summary
| Other Issue(s): |
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| teaching |
earnings |
salary adjusted |
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Decision 19206
Full Text of Decision 19206
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Summary:
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]
other summary
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| teaching |
earnings |
salary adjusted |
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Decision 17302
Full Text of Decision 17302
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Summary:
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
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| earnings |
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Summary:
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
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Summary:
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
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| earnings |
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Summary:
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
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| earnings |
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Summary:
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.
Decision 67705
Full Text of Decision 67705
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| earnings |
wages or salary |
designated holidays |
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Summary:
In accordance with the collective agreement, the claimant, a teacher, was not paid her statutory holiday pay for July 1, 2005 until she worked her next work day on her return to work in September. A retroactive allocation resulted in an overpayment. See related CUBs 67702-67704.
Decision 65649
Full Text of Decision 65649
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| earnings |
wages or salary |
designated holidays |
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Summary:
The payment for a statutory holiday must be allocated in accordance with subsection 36(13) of the Regulations, namely, to the week in which the statutory holiday is observed.
Decision 52670
Full Text of Decision 52670
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| earnings |
wages or salary |
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Summary:
Claimant worked for Produits Forestiers Donohue Inc. and received $396 under the collective agreement for holiday pay during the week of 27-11-2000. Decided that the money was not paid for any particular statutory holiday, but as a lump sum equivalent to the earnings for a statutory holiday for the months during which there was no statutory holiday. The amount was allocated to the week during which it was paid.
Decision 26353
Full Text of Decision 26353
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| earnings |
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Summary:
It does not matter whether claimant was entitled to such payments because she did not take them and chose instead to save the time off she earned by working on statutory holidays. The holiday pay was paid by reason of her termination and ss. 58(9) applies, not 58(12).
other summary
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| earnings |
wages or salary |
overtime |
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Decision 23924
Full Text of Decision 23924
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Refer to: A-0076.94
other summary
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| earnings |
allocation |
by reason of separation |
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Decision A-0076.94
Full Text of Decision A-0076.94
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| earnings |
wages or salary |
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Summary:
The Umpire held that a sum received by the claimant from her employer at the time of her layoff, having been paid to her in respect of holidays, had to be allocated pursuant to ss. 58(12). This decision cannot stand. The sum became payable as a consequence of her layoff. Ss. 58(9) applies.
other summary
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| earnings |
allocation |
by reason of separation |
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Decision 25184
Full Text of Decision 25184
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Summary:
Held that the Board erred when it concluded that ss. 58(12) did not apply and that the monies for the Christmas and New Year holidays should be allocated in the weeks in which they were paid, that is to say three weeks after their return to work.
Decision 22585
Full Text of Decision 22585
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Summary:
Collective agreement authorizes the transfer of 3 statutory holidays to the week before where there were 2 others holidays. Invalid argument. The observance of a statutory holiday to be transferred to a week when the business was closed, obviously leads to an absurd result. See MARCHAND.
Decision 22093
Full Text of Decision 22093
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| earnings |
wages or salary |
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Summary:
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.
other summary
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| earnings |
wages or salary |
overtime |
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Decision 22029
Full Text of Decision 22029
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Summary:
According to the insured, the remuneration for Christmas and New Year's Day holidays was paid in trust to be paid out during July vacations on condition he resume work in March. Reg. 58(12) seems very explicit to me, does not seem to allow any exception and is not ambiguous.
Decision 18994
Full Text of Decision 18994
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| earnings |
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Summary:
Claimant laid off 30-6-89 and received pay in lieu of a paid statutory holiday of 1-7-89 which fell on a Saturday, a non-working day. Pay correctly allocated to following Monday. Holiday observed on 3-7 in accordance with the collective agreement.
Decision 18889
Full Text of Decision 18889
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| earnings |
wages or salary |
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Summary:
Earnings for 1-1 and 2-1 correctly distributed over the week of 1-1-89 even though the agreement between the employer and the union included these days of leave in the week ending 31-12-88. Parties to a contract cannot, by agreement, prevent the law from being applied.
other summary
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| board of referees |
legislative authority |
contract and labour agreement |
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Decision 16678
Full Text of Decision 16678
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| earnings |
wages or salary |
designated holidays |
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Summary:
A textile plant, where when it was closed down in December employees were paid an amount of money representing unidentified holidays. Distribution carried out in accordance with Reg. 58(12) as from 21-12, beginning of the closure.
Decision 14671
Full Text of Decision 14671
summary
| Issue: |
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| earnings |
wages or salary |
designated holidays |
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Summary:
Refer to: A-0148.88
other summary
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision A-0148.88
Full Text of Decision A-0148.88
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| earnings |
wages or salary |
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Summary:
The Board's decision was clearly based on a perverse finding of fact, namely that the parties had postponed the observance of a plant holiday to a day when the plant was closed and which was, moreover, a Sunday.
other summary
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 14926
Full Text of Decision 14926
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Yearly bonus provided in collective agreement as compensation in lieu of statutory holidays amounting to 7% of gross wages. Allocation under 58(10) was erroneous but should be made under 58(12) as statutory holidays.
other summary
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| earnings |
bonuses and gratuities |
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Decision 14859
Full Text of Decision 14859
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| earnings |
wages or salary |
designated holidays |
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Summary:
Reg. 58(12) refers to the allocation of pay paid for a statutory holiday when claimant does not work on that day. It does not apply to overtime pay for working on that day.
other summary
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| board of referees |
jurisdiction |
adjournment of hearing |
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| earnings |
wages or salary |
overtime |
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| earnings |
vacation pay |
by reason of lay-off or separation |
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| earnings |
allocation |
normal weekly earnings |
overtime |
Decision 13721A
Full Text of Decision 13721A
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Statutory holidays falling during lay-off paid if claimant recalled within 90 days. No alternative but allocate holiday pay in week holiday occurred regardless of when a claimant returns to work and is entitled to receive it.
Decision 14067
Full Text of Decision 14067
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| earnings |
wages or salary |
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Summary:
Easter holiday paid under collective agreement at Christmas or at time of lay-off, if earlier. Laid off in 6-84 and holiday pay nonetheless paid in 12-84. Examines CIB-8068. I cannot see what formula other than the CEIC's could be used [allocated to 12-84].
Decision 13624
Full Text of Decision 13624
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| earnings |
wages or salary |
designated holidays |
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Summary:
Christmas and New Year holidays changed to movable holidays falling in beginning of December under clause of collective agreement. CUB-3119 and 4175 considered. Allocation to be made to week at beginning of December.
Decision 12376
Full Text of Decision 12376
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| earnings |
wages or salary |
designated holidays |
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Summary:
Employed aboard vessel, laid off 30-9 and paid statutory holiday pay to 31-10. No interruption of earnings. Statutory pay is pay in excess of regular rate for hours worked on a statutory holiday.
Decision 10379
Full Text of Decision 10379
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Monies allocated to 3 separate weeks because holidays fall on weekends and were in general moved to the following week. The employment was such that the mine kept working 7 days a week. Thus holidays were observed on the day of the week on which they actually fell.
other summary
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| job creation |
remuneration from another source |
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Decision 09670
Full Text of Decision 09670
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Unemployed since 12-9, she did not receive Christmas and New Year pay until March when she returned to work. Only date of payment postponed by collective agreement. Money properly allocated under Reg. 58(12).
Decision A-0832.82
Full Text of Decision A-0832.82
summary
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| earnings |
wages or salary |
designated holidays |
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Summary:
Claimant received $190 for 25 and 26-12 (advance pay against future credits but not stated in the judgment). That sum constituted "pay received in respect of a holiday" that had to be allocated under reg. 58(12). In treating the sum as a mere loan, the Board erred in law.
other summary
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| board of referees |
errors in law |
misinterpretation of facts |
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Decision 22469
Full Text of Decision 22469
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
In accordance with Construction Decree, employer not required to give an advance a 48 hours notice for the last day of work (Saturday) if he pays the rate increase by 100%. This amont is paid or payable by "reason of layoff" and had to be allocated in accordance with ss. 58(9) instead of 58(3).
Decision 20395
Full Text of Decision 20395
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
wages or salary |
in lieu of notice |
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Summary:
The insured ceased working Friday 8-12-89 and was paid 8 hours in lieu of notice. CUB-20126 examined. Reg. 58(9) clearly indicates that remuneration, like the notice, cannot be added to a full week's work; it must be distributed over the following.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision 20328
Full Text of Decision 20328
summary
| Issue: |
Sub-Issue 1: |
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| earnings |
wages or salary |
in lieu of notice |
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Summary:
Works from 12 to 16-6-89 and gets paid 8 hours notice. It has been well-established that when one has received one's full salary for the layoff week, the notice is distributed over the following week; Reg. 58(10.1). NICOLICH does not apply since the 1987 changes.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision 20126
Full Text of Decision 20126
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
The insured ceases working on Friday 22-9-89 after working a full week; 8-hours salary paid in lieu of notice. The Board mistaken in coming to conclusion that notice should have been distributed over the last week of work rather than the following week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
concurrent |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision 19827
Full Text of Decision 19827
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
Salary in lieu of notice, as added to salary of last week of work must be distributed according to Reg. 58(10.1) so as not to exceed the remuneration of one-week's work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision 19097
Full Text of Decision 19097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
A plumber who was given 8 hours in wages as advance notice. Reg. 58(10.1) stipulates that such advance notice paid or payable as the result of a layoff arising after 4-4-87 must be distributed over a number of consecutive weeks beginning with the week of the layoff.
Decision 17722
Full Text of Decision 17722
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
The Board made a mistake in deciding that the amount paid as advance notice should, in view of the collective agreement, be added to the last working week of the claimant rather than distributed, beginning with the week when he was laid off.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
normal weekly earnings |
in lieu of |
Decision A-0249.87
Full Text of Decision A-0249.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
We are in full agreement with the Umpire. As per the Umpire, the consequence of the amendment is that when wages in lieu of notice are paid pursuant to the usual legal requirement or when paid pursuant to a requirement of provincial law, they will be treated as earnings.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
awards |
as income |
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| earnings |
allocation |
applicability |
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Decision 13991
Full Text of Decision 13991
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
It is common, where a decision is made to terminate one for economic or business reasons which do not constitute just cause for dismissal, for the employer to immediately terminate the employee with pay in lieu of notice. Negotiations play an important role in determining amount.
Decision 13966
Full Text of Decision 13966
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
Half a year's salary as payment in lieu of notice plus vacation pay not exempt under reg. 57(3). Accordingly, I am satisfied that the monies are earnings properly allocated pursuant to 58(10).
Decision 13841
Full Text of Decision 13841
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
The claimant's contract with the School Board required him to give 6 months' notice of termination which he did on 1-5. Mutually agreed afterwards he would cease 30-6. Amount received was not severance pay but wages in lieu of notice covering the 4 months left. [p. 5]
Decision 13810
Full Text of Decision 13810
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
Normally payable when either a temporary or indefinite lay-off is about to occur; calculation governed by collective agreement or provincial legislation. Ontario legislation provides for a minimum. Paid in lieu of number of weeks notice to be given.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
severance pay |
definition |
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Decision 10979
Full Text of Decision 10979
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
in lieu of notice |
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Summary:
Company sold and insured informed on 23-2 that he would stop work on 23-4. Left on 12-3 and received sum he described as severance pay. No agreement or collective agreement to that effect. Provincial Act required 1 month notice; in reality notice to 23-4.
Decision 30018
Full Text of Decision 30018
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
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Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
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Summary:
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).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
designated holidays |
|
Decision 22093
Full Text of Decision 22093
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
designated holidays |
|
Decision 18163
Full Text of Decision 18163
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
overtime |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
adjournment of hearing |
|
| earnings |
wages or salary |
designated holidays |
|
| earnings |
vacation pay |
by reason of lay-off or separation |
|
| earnings |
allocation |
normal weekly earnings |
overtime |
Decision 28112
Full Text of Decision 28112
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
retroactive increases |
|
Summary:
Held that the Board erred in law, and that a distinction must be made between a retroactive salary increase, within the meaning of ss. 57(3) and a salary increase provided for in a contract of employment. Having enhanced her teaching qualifications the claimant was granted retroactivity.
Decision 27140
Full Text of Decision 27140
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
retroactive increases |
|
Summary:
At issue, monies received as pension plan surplus. Previous decisions state that sums are not considered to be retroactive salary increases when they are paid without regard to number of hours worked, do not affect salary structure or do not compensate for previous periods of work (CUB 16646).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
by reason of separation |
|
| earnings |
pension |
plan surplus including interests |
|
| earnings |
income |
applicability |
|
Decision 16646
Full Text of Decision 16646
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
retroactive increases |
|
Summary:
The lump-sum payments provided for in the collective agreement do not constitute retroactive wage increases: they are not linked to the number of hours worked and do not affect the pay scale.
Decision 74249C
Full Text of Decision 74249C
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
wages or salary |
without services * |
|
Summary:
The claimant is appealing an allocation of earnings made. During the benefit period the claimant indicated “no” to the question “did you work or receive any earnings during the period in this report. This includes work for which you will be paid later, unpaid work or self employment”. The claimant had received however from his employer an advance on future wages, but understood that it would constitute earnings only when this advance was earned as wages and not when the advance was paid. To contest the allocation he claims that this advance on future wages became earnings retroactively and that retroactive earnings are not to be allocated. Pursuant to subsection 35(1) of the Regulations, “income” means any pecuniary or non-pecuniary income that is or will be received by an employer. The appeal by the claimant is dismissed.
