TK v Canada Employment Insurance Commission

TK v Canada Employment Insurance Commission

The $11,424 payment was severance and therefore earnings; under s.36(9) of the Regulations those earnings are allocated beginning the week of lay-off (week of January 26, 2020) as the Commission set out, the Commission correctly calculated the resulting overpayment as $4,011, and the Claimant is legally required to repay that amount.

Citation
2021 SST 184
Parties
Claimant: T. K.; Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 March 2021
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Severance Pay, Earnings Allocation, Overpayment Recovery, Jurisdictional Limits
Source Language
English
Employment Insurance Social Security Employment Law Administrative Law Severance Pay Earnings Allocation Overpayment Recovery Jurisdictional Limits

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Parties

T. K.

Claimant

Canada Employment Insurance Commission

Commission

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the $11,424 payment was earnings
  2. 2 Whether the Commission correctly allocated the earnings to weeks starting the week of layoff
  3. 3 Whether the Claimant is required to repay the $4,011 overpayment

Ratio Decidendi

The $11,424 payment was severance and therefore earnings; under s.36(9) of the Regulations those earnings are allocated beginning the week of lay-off (week of January 26, 2020) as the Commission set out, the Commission correctly calculated the resulting overpayment as $4,011, and the Claimant is legally required to repay that amount.

Court Disposition

Appeal dismissed

Orders

  • Claimant required to repay an overpayment of $4,011 to the Canada Employment Insurance Commission.
  • Earnings of $11,424 allocated at $1,404 per week starting the week of January 26, 2020 with a final balance allocated in the week of March 22, 2020.