Decision 12105

Case Number Claimant Judge Language Decision date
Decision 12105   McNair  English 1986-06-03
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


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

Summary:

It is a well established principle that the misconduct must be proven by the persons alleging it and, where a reasonable doubt exists, the issue should be resolved in favour of the claimant. The onus rests on the Commission to establish positively the alleged misconduct. [p. 4]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  personality conflict 

Summary:

The Board recognized the possibility of a personality conflict between the claimant and employer, a situation which has been consistently distinguished from misconduct. Personality conflicts do not constitute misconduct. [p. 5]


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