CRA found that lumps sums paid to current and former employees in settlement of a grievance regarding the cancellation of various post-retirement health and insurance benefits likely did not qualify as retiring allowances (since current employees were included) and likely were deemed to be s. 5 employment income under s. 6(3)(b) (i,e., they were provided “to an employee (or former employee) to satisfy an obligation outlined in a written or oral agreement made with his or her employer (or former employer), either immediately before, during, or immediately after employment.” CRA also considered the amounts to be s. 5 employment income on more general principles, stating:
The Canadian courts have consistently viewed amounts received as the result of grievances filed by virtue of a contract of employment (e.g., grievance for violation of a collective agreement) to be taxable as employment income. Therefore, to [that] extent … the amount would be included in employment income under subsection 5(1) or paragraph 6(1)(a) … .
[T]o the extent that part of the Settlement Amount was provided as a remedy for the violation of the employees’ rights under the Canadian Charter of Rights and Freedoms, that portion will be considered non-taxable damages [for which there] are no reporting or withholding requirements… .