MC v Canada Employment Insurance Commission

MC v Canada Employment Insurance Commission

The $8,731.73 pay in lieu of notice and $3,686.73 vacation pay are earnings to be allocated starting the week of separation (week of October 23, 2022); the $31,268.27 settlement payment is earnings representing unpaid overtime and must be allocated to the period the overtime was performed (April 2, 2018 to October...

Source-derived case information.

Citation
2024 SST 1176
Parties
Appellant: M. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
30 September 2024
Procedural Posture
Employment Insurance (ei) Appeal / General Division Decision on Appeal From Commission Reconsideration
Outcome
Appeal allowed
Legal Topics
Earnings Allocation, Vacation Pay, Pay in Lieu of Notice, Settlement Characterization, Retiring Allowance, Legal Fees, Overtime Pay
Source Language
english
Employment Insurance Employment Standards Administrative Law Earnings Allocation Vacation Pay Pay in Lieu of Notice Settlement Characterization Retiring Allowance +2 more

Source-derived case record

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Parties

M. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / General Division Decision on Appeal From Commission Reconsideration

Legal Issues

  1. 1 Whether the amounts received are earnings for EI purposes
  2. 2 Proper allocation period for each component of the settlement
  3. 3 Whether legal fees deducted from the settlement constitute earnings

Ratio Decidendi

The $8,731.73 pay in lieu of notice and $3,686.73 vacation pay are earnings to be allocated starting the week of separation (week of October 23, 2022); the $31,268.27 settlement payment is earnings representing unpaid overtime and must be allocated to the period the overtime was performed (April 2, 2018 to October 25, 2022); the $10,000 paid as legal fees is not earnings.

Court Disposition

Appeal allowed

Orders

  • The $10,000 paid for legal fees is not earnings and shall not be allocated for EI purposes.
  • Allocate $8,731.73 pay in lieu of notice starting the week of separation (week of October 23, 2022).