| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
court judgments or out-of-court settlements |
|
|
Summary:
Claimant, who has appealed his dismissal as a civil servant before another forum, said he proved his case beyond doubt and was waiting for a decision. Even if eventually successful, a different decision is possible from Board or Umpire.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
|
|
Summary:
As per Commission staff, where employer alleges misconduct, it must be conclusively proven. That is not the law. Staff and Boards must be made aware of CUB 6210 that the duty of Commission is to determine whether employer has acted in good faith and upon reasonable grounds.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free of bias |
|
Summary:
An adjournment was the only answer here because of claimant's observations that the employer's representative and the Board were in conversation for 25 minutes after the hearing and was not given any knowledge of the contents of the conversation.
