Decision A-0233.94

Case Number Claimant Judge Language Decision date
Decision A-0233.94 Wile James D.  Federal  English 1994-11-30
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  24262 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  court judgments or out-of-court settlements 

Summary:

We would agree with the Umpire (that the wording used by both parties in the settlement agreement must be taken to nullify the comments of claimant's supervisor upon which the Board relied for misconduct) if the evidence of facts contained in the settlement agreement could be so viewed. We are unable to agree that the Umpire erred in his decision to admit a settlement agreement made between the claimant and his former employer in the proceeding before him as "new facts". In BARTONE, the term "new facts" was interpreted in such a way as to allow the material to be treated as such. The statement before the Human Rights Commission that neither party admits or alleges any fault for the unhappy differences that have arisen between them must be taken to nullify the comments of claimant's supervisor upon which the Board relied for misconduct, said the Umpire. Overturned by FC.


Date modified: