| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
|
|
Summary:
Observations of the Commission are not an objective document. The Board certainly should not be swayed by the summaries of the evidence which the Commission puts to it in its observations. The Board must address its own mind to the issue in dispute before it.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
improper hearing |
|
Summary:
Claimant says he was not given a fair hearing. Board members have written letters and had them placed on file, contending this is not so. Not proper to seek such letters which are bound to be self-serving. They may create impression of unfairness, 3 against claimant.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
No obligation on employee to attempt to persuade employer who is terminating employment relationship to extend it. If employer sets up a situation where employee has no choice but to quit, that is treated in law as constructive dismissal. Crucial fact is not who took initiative.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
credibility |
|
Summary:
When assessing the conflicting evidence of individuals, it is not enough to focus on their demeanour (pleasant or unpleasant) and appearance. One should ask "what makes sense in the situation".
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
comments on conduct of hearing |
|
Summary:
Claimant says he was not given a fair hearing. Board members have written letters and had them placed on file, contending this is not so. Not proper to seek such letters which are bound to be self-serving. They may create impression of unfairness, 3 against claimant.
