Decision A-1716.83

Case Number Claimant Judge Language Decision date
Decision A-1716.83 Bedell M.  Federal  English 1984-06-08
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  refusal to obey orders 

Summary:

Claimant asked by supervisor to report work load twice a day. Initially she neglected to carry out this direction but when employer had decided to dismiss her, she did so but was too late to save her job. Open to Board to find misconduct. Claimant's wilful refusal to comply with her employer's lawful direction respecting her work as an employee amounted to misconduct.


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

Summary:

Not necessary to attempt definition, perhaps undesirable to do so. Whether one's conduct is misconduct will depend largely on the circumstances of each case. Construction of word is a question of law. Whether particular act is misconduct is a question of fact.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  constitution of board  change of members 

Summary:

The Umpire found that there was a denial of natural justice because the Board was differently constituted at rehearing. It is clear that the first Board did not receive evidence touching merits of case but only whether to grant an adjournment. So Board properly constituted.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  meaning of a term 

Summary:

Not necessary to attempt definition, perhaps undesirable to do so. Whether one's conduct is misconduct will depend largely on the circumstances of each case. The construction of a word is a question of law. Whether a particular act is misconduct is a question of fact.


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