Canada ( Attorney General ) v. Tremblay
A-106-96
Desjardins J.A.
22/10/96
6 pp.
Application for judicial review of Umpire's decision as to time to which amount received by employee as severance pay must be allocated under Unemployment Insurance Regulations, s. 58(9)-Respondent laid off on 14/12/90, benefit period established starting on 16/12/90, plant closing permanently on 15/12/91-Received severance bonus from employer of $1,376.40 in three weekly payments of $458.80 each, starting in week of 16/12/91, representing three weeks' wages-Commission of opinion $1,376.40 indemnity should be allocated to period beginning date of lay-off, that is, from 16/12/90 to 4/1/91, based on her normal weekly wages of $458.80-Umpire of opinion, rather, event prompting payment of severance indemnity closing of plant, and Commission had to allocate amount received to period beginning week of permanent separation from employment or breach of contract, 15/12/91-Application for judicial review allowed-Regulations, s. 58(9) providing any earnings paid, payable by reason of lay-off, separation from employment allocated beginning in week of lay-off, separation from employment, regardless of nature of earnings or period in respect of which purported to be paid-Indemnity payable under Quebec Act respecting labour standards-Paid after period of time elapsed by reason of temporary suspension of work-Mere coincidence time elapsed more or less at same time as plant closed-Payment must therefore be allocated to period beginning on date of lay-off-Distinguished from Canada (Attorney General) v. King, [1996] 2 F.C. 940 (C.A.)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(9)-An Act Respecting Labour Standards, R.S.Q., c. N-1.1.