| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
|
|
Summary:
In such instances (criminal charges), it is not for the Board to conduct its hearing as a criminal trial and attempt to discern the innocence or guilt of claimant. To do so would clearly be to exceed the jurisdiction of the Board. However. the Board may not simply rely upon the laying of charges.
As I stated in CUB 10868, the responsibility of the Commission and, in turn, of the Board and this Court is to determine whether the employer has acted in good faith and upon reasonable grounds in dismissing the employee for misconduct.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
attendance of third party |
|
Summary:
Claimant appeals on the grounds of breach of natural justice because he was unaware that his former employer would be present or that witnesses were permitted. He ought to have raised his concerns about the procedure and requested an adjournment. Failing this, I can see no breach of natural justice.
