Commission finally determined allocation of severance and vacation pay correctly

Federal appeal | Employment Insurance

DECISIONS OF UMPIRE

Commission finally determined allocation of severance and vacation pay correctly

Applicant was laid off from job and received amount as severance pay. Applicant attended Canada Employment Insurance Commission and informed commission he received severance payment and amount for vacation pay. Applicant was told he would have to wait to apply for benefits. Applicant was subsequently told he would qualify immediately for benefits and new application was antedated. Applicant tried to return cheques he received, because he knew he had to wait because of severance pay. Applicant was informed he could not return cheques. Commission used wrong amount of average of normal weekly earnings from employment in calculating number of weeks applicant would have to wait to collect benefits with result that number of weeks was less than it would have been if correct amount were used. Commission determined applicant had debt to commission and debt was paid. Commission made determination of how severance and vacation pay should have been allocated and applicant should have waited another 11 weeks before receiving benefits. Applicant was found to be entitled to receive benefits for 52 weeks, but timing for payment was delayed because he received severance and vacation pay. Board of referees dismissed applicant’s appeal on basis that final determination was correct. Umpire dismissed appeal. Applicant sought judicial review. Application dismissed. Commission finally determined allocation of severance amount and vacation pay correctly and in accordance with legislative provisions. There was no basis to interfere with decision of umpire.
Robinson v. Canada (Attorney General) (Oct. 29, 2013, F.C.A., David Stratas J.A., Wyman W. Webb J.A., and D.G. Near J.A., File No. A-453-12) 234 A.C.W.S. (3d) 929.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident