Decision 19859

Case Number Claimant Judge Language Decision date
Decision 19859   Strayer  English 1991-06-20
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


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

Summary:

It is well established that the onus of proving misconduct is on the CEIC and such proof must be at least convincing on a balance of probabilities. The evidence must be "clear, strong and unequivocal". Proof of intentional or reckless behaviour leading to dismissal is required. Very little weight to be given to CEIC interviews with employers when there is no record of the interview apart from the officer's notes which have neither been read nor signed by the interviewee. Always susceptible to interpretation. Diametrically opposed evidence from claimant.


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