Decision 38215

Case Number Claimant Judge Language Decision date
Decision 38215   Marin  French 1997-08-11
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  insurability  jurisdiction 

Summary:

The BOR overstepped its authority and made a basic error in law by claiming to be competent to calculate the weeks of employment, a function over which the Department of National Revenue alone has discretionary power. Under subsection 61(3) of the Act, that department is the only authority competent to render decisions in that regard.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  excess of jurisdiction 

Summary:

The BOR overstepped its authority and made a basic error in law by claiming to be competent to calculate the weeks of employment, a function over which the Department of National Revenue alone has discretionary power. Under subsection 61(3) of the Act, that department is the only authority competent to render decisions in that regard.


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