Summary of Issue: Charter


Decision A-0559.89 Full Text of Decision A-0559.89

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

By para. 44(r), the Commission is empowered to make regulations "defining and determining when an interruption of earnings occurs". Pursuant to that power, s. 37 has been made, whereof it is necessary to recite only subsection (1).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
interruption of earnings conditions required
interruption of earnings conditions required non-monetary income
interruption of earnings conditions required 7 days without work
interruption of earnings layoff or separation requirement

Decision 17293 Full Text of Decision 17293

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Refer to: A-0559.89

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
interruption of earnings conditions required
interruption of earnings conditions required non-monetary income
interruption of earnings conditions required 7 days without work
interruption of earnings layoff or separation requirement

Decision 18206 Full Text of Decision 18206

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

It is not for a Board or an Umpire to enact its own prescripts regarding the extent of reduction of earnings necessary to constitute an interruption of earnings. Under para. 44(r), it is the Commission which is empowered to make regulations to this effect.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required reduction in hours

Decision A-0923.88 Full Text of Decision A-0923.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

The question is whether s. 58 must be applied for determining when an interruption of earnings occurs. The question must clearly be answered in the affirmative. The Commission has the power, under 44(r), to make regulations. It was exercised when ss.37(1) was made.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings vacation pay trust fund
earnings vacation pay by reason of lay-off or separation

Decision 15501 Full Text of Decision 15501

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Refer to: A-0923.88

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
earnings vacation pay trust fund
earnings vacation pay by reason of lay-off or separation

Decision A-0516.88 Full Text of Decision A-0516.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Working hours reduced from 32 to 4 a week. 7-day requirement without work nor earnings not met. Ss. 37(1) is valid. Para. 44(r) is quite explicit in authorizing to define and determine "when". "Has or will have" not designed to delay occurrence of layoff or separation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required
interruption of earnings conditions required reduction in hours
interruption of earnings layoff or separation definition

Decision A-0220.87 Full Text of Decision A-0220.87

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Ss. 37(3) was made pursuant to para. 44(r). It cannot be said to arbitrarily change the rules established by the Act. It is not ultra vires and does not contravene s. 15 of the Charter.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings compensatory leave
board of referees errors in law misinterpretation of facts

Decision 13443 Full Text of Decision 13443

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Refer to: A-0220.87

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings compensatory leave
umpires jurisdiction binding judgments
board of referees errors in law misinterpretation of facts

Decision 11002 Full Text of Decision 11002

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

Para. 2(1)(n) amended to include reduction of hours and reg. 37(1) not amended. Reg. 37(2) and 92 now prescribe reduction. Where no such regulation governs a case, 37(1) remains operative. 37(2) challenged: restriction to certain classes while no clausesimilar to 4(5).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim factual cases interruption of earnings

Decision A-0384.78 Full Text of Decision A-0384.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

The Court took para. 58(r) into consideration in finding that Reg. 148(1), now 37(1), is valid as a result of the amendment to para. 2(1)(n) on 11-9-77 adding the phrase "reduction in his hours of work".

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required reduction in hours
board of referees legislative authority absence of a regulation

Decision A-0275.72 Full Text of Decision A-0275.72

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings charter
Summary:

It is not clear what authority is conferred under 58(r) by a power to define and determine "when" an interruption of earnings occurs. Possible views examined: ambiguous situations or postponement of interruptions. Not to be read as authorizing a change in the statute itself.

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