| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
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Summary:
The Commission is not bound by the findings in a court of criminal jurisdiction in which proof must be made beyond reasonable doubt. An accused may well be acquitted but for UI purposes where the decision must be made on the basis of balance of probabilities he may well be disqualified.
The documentation shows that the complaint (charges laid in a criminal court) was dismissed on a motion for non-suit without the defendant being called upon to testify. The offence alleged must therefore be considered as not proven.
In CUB 5025, I had occasion to state: "It is evident that if there is nothing before the Board to justify the loss of employment as a result of misconduct other than a charge of theft pending in the Criminal Court, the Board cannot properly assume misconduct from the mere laying of such charges."
