Decision 24365A

Case Number Claimant Judge Language Decision date
Decision 24365A   Rothstein  English 1994-08-24
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  court judgments or out-of-court settlements 

Summary:

I was invited to defer making a decision until claimant's appeal to Human Rights had been decided. Indeed, in the final analysis, the question is whether claimant was or was not sexually or otherwise harassed. I think it would constitute a declining of jurisdiction by an Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  natural justice  free of bias 

Summary:

It is of the utmost importance that the Board not only be impartial but give the appearance of being impartial. This means that if there is any "friendly chatter" or "small talk", it must be with both parties present and involved in the conversation.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  harassment  generalities 

Summary:

The question the Board had to address was not whether claimant pursued all avenues open to her, but rather whether pursuing avenues open to her was a reasonable alternative to leaving. It had a duty to explain why a further pursuit of avenues under the policy were reasonable alternatives to leaving. I was invited to defer making a decision until claimant's appeal to Human Rights had been decided. Indeed, in the final analysis, the question is whether claimant was or was not sexually or otherwise harassed. I think it would constitute a declining of jurisdiction by an Umpire.


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