D. D. v. Canada Employment Insurance Commission

D. D. v. Canada Employment Insurance Commission

The Tribunal dismissed the appeal because the appellant failed to prove the sums were paid as compensation for relinquishment of a demonstrable right to reinstatement; absent evidence of an exercised or ordered right to reinstatement or settlement terms clearly allocating the payment to such relinquishment, the...

Source-derived case information.

Citation
2016 SSTGDEI 3
Parties
Appellant: D. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 January 2016
Procedural Posture
Employment Insurance Appeal / General Division Hearing (remitted by Appeal Division)
Outcome
Appeal dismissed
Legal Topics
Severance Allocation, Reinstatement, Earnings Allocation Under EI Regulations, Summary Dismissal
Source Language
english
Employment Law Administrative Law Social Security / Benefits Severance Allocation Reinstatement Earnings Allocation Under EI Regulations Summary Dismissal

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Parties

D. D.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Hearing (remitted by Appeal Division)

Legal Issues

  1. 1 Whether sums received on separation constitute earnings under ss.35 and 36 of the Employment Insurance Regulations
  2. 2 Whether the payment was compensation for relinquishment of a right to reinstatement
  3. 3 Whether a right to reinstatement existed and was exercised or ordered

Ratio Decidendi

The Tribunal dismissed the appeal because the appellant failed to prove the sums were paid as compensation for relinquishment of a demonstrable right to reinstatement; absent evidence of an exercised or ordered right to reinstatement or settlement terms clearly allocating the payment to such relinquishment, the amounts are earnings under s.35 and must be allocated under s.36(9).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Sums received by the appellant are earnings under section 35 of the Employment Insurance Regulations and are to be allocated pursuant to subsection 36(9) beginning the week of July 14, 2013, resulting in the allocation scheme and extension of the benefit period as determined by the Commission.