Decision 40214

Case Number Claimant Judge Language Decision date
Decision 40214   Walsh  French 1998-02-05
Decision Appealed Appellant Corresponding Case
Allowed  No Employer  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  without regard for material 

Summary:

Claimants admitted that the alleged facts caused their dismissal. BOR went against the jurisprudence in overlooking these facts and their interpretation of the jurisprudence was erroneous in law and in fact and was made in a perverse or capricious manner and without regard for the material before it.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  issue not recognized  error by board 

Summary:

Claimants admitted that the alleged facts caused their dismissal. BOR went against the jurisprudence in overlooking these facts and their interpretation of the jurisprudence was erroneous in law and in fact and was made in a perverse or capricious manner and without regard for the material before it.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  credibility 

Summary:

Aware that an Umpire’s opinion cannot be substituted for that of a BOR when an assessment of credibility of the evidence on a question of fact is involved, Umpire deemed that the facts uncontested by the claimants as justification for their dismissal went beyond an assessment of credibility.


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