Decision A-0559.89
Full Text of Decision A-0559.89
summary
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interruption of earnings |
charter |
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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: |
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week of unemployment |
work without earnings |
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interruption of earnings |
conditions required |
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interruption of earnings |
conditions required |
non-monetary income |
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interruption of earnings |
conditions required |
7 days without work |
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interruption of earnings |
layoff or separation |
requirement |
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Decision 17293
Full Text of Decision 17293
summary
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interruption of earnings |
charter |
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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 |
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interruption of earnings |
conditions required |
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interruption of earnings |
conditions required |
non-monetary income |
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interruption of earnings |
conditions required |
7 days without work |
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interruption of earnings |
layoff or separation |
requirement |
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Decision 18206
Full Text of Decision 18206
summary
Issue: |
Sub-Issue 1: |
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interruption of earnings |
charter |
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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 |
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Decision A-0923.88
Full Text of Decision A-0923.88
summary
Issue: |
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interruption of earnings |
charter |
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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: |
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earnings |
charter |
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earnings |
vacation pay |
trust fund |
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earnings |
vacation pay |
by reason of lay-off or separation |
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Decision 15501
Full Text of Decision 15501
summary
Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
interruption of earnings |
charter |
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Summary:
Refer to: A-0923.88
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
earnings |
charter |
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earnings |
vacation pay |
trust fund |
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earnings |
vacation pay |
by reason of lay-off or separation |
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Decision A-0516.88
Full Text of Decision A-0516.88
summary
Issue: |
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interruption of earnings |
charter |
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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 |
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interruption of earnings |
conditions required |
reduction in hours |
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interruption of earnings |
layoff or separation |
definition |
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Decision A-0220.87
Full Text of Decision A-0220.87
summary
Issue: |
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interruption of earnings |
charter |
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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: |
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interruption of earnings |
compensatory leave |
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board of referees |
errors in law |
misinterpretation of facts |
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Decision 13443
Full Text of Decision 13443
summary
Issue: |
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interruption of earnings |
charter |
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Summary:
Refer to: A-0220.87
other summary
Other Issue(s): |
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interruption of earnings |
compensatory leave |
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umpires |
jurisdiction |
binding judgments |
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board of referees |
errors in law |
misinterpretation of facts |
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Decision 11002
Full Text of Decision 11002
summary
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interruption of earnings |
charter |
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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): |
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reconsideration of claim |
factual cases |
interruption of earnings |
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Decision A-0384.78
Full Text of Decision A-0384.78
summary
Issue: |
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interruption of earnings |
charter |
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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: |
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interruption of earnings |
conditions required |
reduction in hours |
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board of referees |
legislative authority |
absence of a regulation |
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Decision A-0275.72
Full Text of Decision A-0275.72
summary
Issue: |
Sub-Issue 1: |
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interruption of earnings |
charter |
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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.