| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
|
|
Summary:
Teacher criminally charged of sexual harassment. It is well established jurisprudentially that the onus is to the Commission to prove that the claimant lost his employment by reason of his own misconduct. Proof beyond a reasonable doubt not necessary; the balance of the probabilities suffices.
There is a legal maxim that criminal law does not override civil law, inasmuch as the rules of evidence differ. The Board erred in giving the benefit of the doubt to the claimant to which he is entitled only as regards charges levelled against him.
