Decision 25401

Case Number Claimant Judge Language Decision date
Decision 25401   Strayer  English 1994-10-05
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  demerit points 

Summary:

The Board should attach no particular significance to the fact that claimant had previous demerit points unless it has evidence as to relevant circumstances. It should consider whether these indicate a pattern of reckless conduct together with the degree of recklessness in the last act.


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

Summary:

Some cars derailed. Excess of demerit points. It would be relevant to know whether he had been specifically warned in the past, because if in the face of warnings he had failed to take the proper steps at the time of this incident there would be a stronger indication of recklnessness on his part.


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