| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
court judgments or out-of-court settlements |
|
|
Summary:
The Commission urged that the settlement of the grievance not be taken into consideration in review of the Board's decision. While I agree that in the normal course events following the decision are not relevant, s.86 permits the Umpire to take account of facts known only after.
While it is true there may be a variety of reasons which ultimately lead to settlement of a grievance matter, it is now clear that the employer's decisions concerning perceived misconduct were withdrawn, as were the infractions.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
evidence new |
|
Summary:
The Commission urged that the settlement of the grievance not be taken into consideration in review of the Board's decision. While I agree that in the normal course events following the decision are not relevant, s.86 permits the Umpire to take account of facts known only after.
