Canada ( Attorney General ) v. Fox
A-841-96
Robertson J.A.
9/10/97
3 pp.
Application to set aside Umpire's decision as to meaning of expression "normal weekly earnings"-Respondent claimant applied for unemployment insurance benefits after being laid off in October of 1990-Found to be ineligible for benefits as in receipt of severance monies-Commission determined claimant's normal weekly wage $1,000-Claimant argued normal weekly wage not $1,000 per week, but $1,245.16, calculated by reference to yearly employment income indicated on T4 slip-Appealed to Board of Referees which upheld Commission's decision-Umpire noted only amounts in dispute before him vacation pay, annual incentive allowance, 25-year service award-Erred in including amounts in question as part of respondent's normal weekly earnings-Term normal weekly earnings means ordinary, usual earnings that claimant receives or earns on regular basis, does not include amounts in question here, being fringe benefits or extra amounts-Application allowed.