Decision 22544

Case Number Claimant Judge Language Decision date
Decision 22544   Muldoon  English 1993-04-30
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


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

Summary:

S. 28 speaks of the claimant's "own" misconduct. If that emphasized word was not expressed, s. 28 would mean the same as it does. So why is it included? It is included for emphasis. To invoke s. 28, there must be proof of the "claimant's misconduct" and nothing else will do.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  criminal acts 

Summary:

In order for the employer to manifest good faith and reasonable grounds (as stated in CUB 10680), the claimant's "own" misconduct must be objectively demonstrated, not beyond a reasonable doubt but on a solid balance of probabilities.


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