Decision 21932

Case Number Claimant Judge Language Decision date
Decision 21932   MacKay  English 1992-10-15
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  disqualification  minimum 

Summary:

Under s. 30, the minimum period of disqualification for misconduct is 7 weeks. I must conclude that the Board erred in law in reducing the disqualification period to 6 weeks when the Act indicates that 7 weeks is the minimum penalty.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  right of appeal  delay in scheduling hearing 

Summary:

Claimant raised the issue of delay of more than one year in hearing this appeal by the Umpire. Case law dealing with rights under criminal law examined. This is not such a case. I do not believe that prejudice can be inferred from the delay in this case. Not a ground for appeal.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  question not at issue 

Summary:

Disqualification reduced to 6 weeks by Board appealed by CEIC to Umpire. Claimant inquired if he could address the Board's finding as to his loss of employment due to misconduct. The CEIC objected. As he has not filed an appeal, I am unable to hear submissions on this matter.


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