Decision 23050

Case Number Claimant Judge Language Decision date
Decision 23050   Reed  English 1993-10-06
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


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

Summary:

The Board is correct in saying that the misconduct must have been committed by claimant. The fact however that others may also have been negligent does not absolve claimant from responsibility unless the conduct of that other is such as to make claimant's conduct not wilful, negligent or careless.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  dereliction of duty  railway workers 

Summary:

The Board is correct in saying that the misconduct must have been committed by claimant. However, the fact that others may also have been negligent does not absolve claimant from responsibility unless the conduct of that other is such as to make claimant's conduct not wilful, negligent or careless.


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