| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
acts of violence |
|
|
Summary:
It is most unpleasant to have employees brawling in the workplace, but if the employer will pay no heed to claimant's request to intervene preemptively, and the other employee actually does attack, it cannot be misconduct for the assaulted claimant to resist and put up a fight in self-defence.
The Board held that to be in a fist fight and to be wrestling on the floor involved the actions of two people and claimant was one of the combatants. The referees have applied the wrong test.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
constitution of board |
member ineligible |
|
Summary:
Claimant is an unsophisticated, barely literate person and was not represented. The situation, despite the chairman's proper disclosure of a 20-year acquaintanceship with that employer, is redolent of a reasonable apprehension of bias in such a case. Heought to have insisted to replace himself.
