Decision A-1036.96

Case Number Claimant Judge Language Decision date
Decision A-1036.96 Guay Mario  Federal  French 1997-09-16
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Claimant  36064 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  dereliction of duty 

Summary:

Indisputable that successive breaches, even minor ones, may constitute misconduct, but more doubtful that repeated trivial offences become misconduct. In any case, the assessment is carried out by the BOR - the backbone of the whole system set up by the Act for verification and interpretation of the facts. Numerous references made to other FCA decisions. Claimant's application for judicial review allowed by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  justification 

Summary:

Indisputable that successive breaches, even minor ones, may constitute misconduct, but more doubtful that repeated trivial offences become misconduct. In any case, the assessment is carried out by the BOR - the backbone of the whole system set up by the Act for verification and interpretation of the facts. Numerous references made to other FCA decisions. Claimant's application for judicial review allowed by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  capricious finding  req'd 

Summary:

FCA found that in overruling the BOR unanimous decision, the Umpire did not observe the limitations the Act places on the Umpire's power of review. The BOR had refused to accept that the claimant's breaches could have constituted misconduct, regardless of the fact that the employer saw them as grounds for dismissal. Umpire could not dismiss the BOR finding simply on the basis of a line of reasoning which, in sum, merely gave greater weight to the employer's views. Claimant's application for judicial review allowed by the FCA.


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