Canada Employment Insurance Commission v. E. A.

Canada Employment Insurance Commission v. E. A.

Separation payments at issue are earnings under s35 and were payable 'by reason of' the layoff/separation from Aveos when Aveos became insolvent on March 20, 2012; therefore s36(9) applies and the payments must be allocated starting the week of the layoff (week of March 18/20, 2012) regardless of Air Canada being...

Source-derived case information.

Citation
2017 SSTADEI 4
Parties
Appellant: Canada Employment Insurance Commission; Respondent: E. A.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 January 2017
Procedural Posture
Employment Insurance (ei) Appeal / Appeal Division Hearing and Decision
Outcome
Appeal allowed
Legal Topics
Allocation of Earnings, Separation Payments, Application of Employment Insurance Regulations S36(9) Vs S36(19), Standard of Review, CIRB Orders and Arbitration
Source Language
english
Employment Insurance Administrative Law Labour Law Statutory Interpretation Allocation of Earnings Separation Payments Application of Employment Insurance Regulations S36(9) Vs S36(19) Standard of Review +1 more

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Parties

Canada Employment Insurance Commission

Appellant

E. A.

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Appeal Division Hearing and Decision

Legal Issues

  1. 1 Whether separation payments from Air Canada are earnings under s35 of the EI Regulations
  2. 2 Whether those earnings must be allocated under s36(9) (spread from week of layoff) or under s36(19)(b) (allocated to week of transaction)
  3. 3 Whether the source/payer of the payment is relevant to application of s36(9)

Ratio Decidendi

Separation payments at issue are earnings under s35 and were payable 'by reason of' the layoff/separation from Aveos when Aveos became insolvent on March 20, 2012; therefore s36(9) applies and the payments must be allocated starting the week of the layoff (week of March 18/20, 2012) regardless of Air Canada being the payer; the General Division erred by making the source of payment a condition for s36(9).

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Separation payments are to be allocated pursuant to subsection 36(9) of the Employment Insurance Regulations beginning the week of the layoff/separation from Aveos (week of March 18, 2012 / March 20, 2012).