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| Decision 56514 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Prior to his last day of work, on Nov. 23, 2001, the claimant requested and was paid his bonus vacation pay of $3,759.16 and his anniversary holiday pay of $6,615.30 was paid to him in accordance with his anniversary date of Nov. 9, 2001. Anniversary vacation was allocated starting with the week of the anniversary date as provided in par. 36(8)(b) of the EIR and the bonus vacation pay was allocated pursuant to ss. 36(9) of the EIR. Umpire found that the BOR's decision on both issues was correct and dismissed the appeal. |
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| Decision 56212 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
The Regulations provide that vacation pay which is not payable for a specific vacation is to be allocated to the number of weeks starting with the first week for which it is payable. In this case the vacation pay became payable on the anniversary date. The fact that the claimant had resumed work by the time the payment was received does not affect the allocation. |
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| Decision 31967 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
V.P. paid during a 2-week shutdown while claimant on sick leave. Employer designated the 2-week period starting 21-11-93 as claimant's individual vacation. V.P. allocated from 21-11 but BOR and Umpire held that V.P. to be allocated during shutdown (18-7to 31-7) as per Reg.58(8)a). Appeal to FC. |
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| Decision 31779 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid on an anniversary date while the claimant was on maternity leave. Allocation made pursuant to Reg.58(8). Held that Regulation had been properly implemented. |
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| Decision A-0496.94 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay (v.p.) paid during lock-out on 3-11-90 and allocated from 28-10-90. Umpire determined that v.p. was not to be so allocated for the reason that it became "payable" on 1-1-90. The Court concluded that v.p. is payable when a claimant could in law enforce the payment. Matter returned to BOR |
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| Decision 25143 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0496.94 |
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| Decision A-0071.95 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay for time not taken in a year to be paid upon request any time in the following year commencing January 1. Held by the Umpire that the vacation pay becomes immediately due or owed January 1 regardless of when the amount is actually paid and that reg. 58(8)(b) applies. Upheld by FC. |
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| Decision 26456 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0071.95 |
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| Decision 27951 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
The Board wrongly concluded that the word payable in 58(8)(b)(i) means when the monies are received. The word payable means payable. It does not mean when received. Held that the $500.00 vacation bonus received from Ford Motor Company in 12-92 was payable in 6-92 and subparagraph 58(8)(b)(i) applies. |
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| Decision 25488 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Claimant submits that the dates supplied for the allocation of the vacation pay are "hind-sight". In that respect he is correct. However, that is what the Regulations mandate. Ss. 58(8) is clear that the vacation pay is to be allocated according to when payable and not when it was actually paid. |
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| Decision 22173 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Claimant took a leave without pay in 9-90 to attend university. Job not guaranteed at end of leave in 4-91, so she requested her vacation pay. It appears that the money was paid not by reason of separation or lay-off but because of claimant's request. The money must be allocated when paid. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | charter | | |
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| Decision 21526 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid on anniversary date 2 weeks before layoff correctly allocated under reg. 58(8)(b) from the week paid. As for "the first week for which it is payable", the logical inference is that vacation pay would be payable in respect of the week following its payment. |
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| Decision A-0258.90 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Claimant's 1987 vacation pay not paid to her on a timely basis because of employer's financial difficulties. Paid to her in 11-88. The Board and the Umpire erred in law in characterizing as a loan the unpaid amount. It does not possess the attributes of a loan. No such evidence. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | board of referees | errors in law | misinterpretation of facts | | | earnings | vacation pay | specific period | | | general | definition | loan | |
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| Decision 17910 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0258.90 | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | specific period | | | general | definition | loan | | | board of referees | errors in law | misinterpretation of facts | |
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| Decision A-0446.89 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid in 6-87 on one's anniversary date was not paid in respect of layoff or separation. As there is no evidence that he took his holidays during a specific period in 1986, the monies were properly allocated under 58(8)(b) in 6-87, said the Umpire. Upheld by the FC. |
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| Decision 16981 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0446.89 |
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| Decision 18398 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid on anniversary date during lay-off. Claimant was recalled to work a few weeks later and specific dates were then arranged for vacation. Jurisprudence thoroughly examined. Reg. 58(8)(a) does not fit the circumstances. Nor does 58(9). Reg. 58(8)(b) applies. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | specific period | |
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| Decision 17975 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Laid off 7-2-86. Returned 20-10-86. Vacation pay cheques prepared in week 6-7-86 held for employees on layoff until return to work unless requested. Monies received by claimant 10-11-86. Normal vacation period: end of 7-86. Reg. 58(13)(c), not 58(13)(a), applies effective 6-7-86. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | board of referees | jurisdiction | independent decision-making | | | board of referees | jurisdiction | priority of law | | | earnings | vacation pay | specific period | | | board of referees | errors in law | excess of jurisdiction | |
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| Decision A-0059.89 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Laid off 10-86. Vacation pay for 1986 paid by employer in 1-87 allocated under 58(8)(b). The Umpire made no error in finding, contrary to the Board, that the collective agreement did not create a trust and consequently vacation pay was earnings. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | trust fund | |
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| Decision 15659 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0058.89 | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | trust fund | |
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| Decision A-0058.89 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Laid off 11-86. Vacation pay for 1986 paid by employer in 1-87 allocated under 58(13)(c). CUB 15360 distinguished by Umpire. The Umpire made no error in finding that the collective agreement did not create a trust and consequently vacation pay was earnings. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | trust fund | |
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| Decision 15657 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Refer to: A-0059.89 | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | trust fund | |
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| Decision 17579 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Under collective agreement, vacation pay should have been paid 9-87 at time of vacation; paid by mistake 5-87 at expiry of maternity leave. As for CUB-11819, employer made the mistake and claimant does not have to suffer from it. |
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| Decision 17534 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid to claimant every two weeks with his pay cheque while working part-time. It is clear the allocation was correctly applied under 58(13)(c) since it was not paid (a) in respect of a specific vacation period nor (b) as a result of a layoff or separation. |
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| Decision 15239A Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | vacation pay | in any other case | | Summary:
Vacation pay paid at time of annual vacation shutdown. Reg. 58(8)(b) applies even to these claimants who were laid off several weeks before, worked during the shutdown and had vacation scheduled for a later period. Reg. 58(8)(a) can only apply where vacation already taken. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | reconsideration of claim | authority to review | time limitation | |
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