Decision 46455

Case Number Claimant Judge Language Decision date
Decision 46455   Murdoch  English 1999-11-08
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  discretionary power 

Summary:

Claimant notified of a penalty by a letter dated 11-07-1997. Appeal lodged in March 1998. Claimant explained the delay saying that he moved from his old address and received the mail late at his new address. The claimant admitted before the Umpire that he had not kept the Commission informed of his current address which is a requirement of SS.50(9) of EIA. Power to grant an extension to the 30 day appeal period is a discretionary power that belongs to the Commission and no evidence that the Commission exercised its discretion in a non-judicial manner.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  special reasons  decision not received 

Summary:

Claimant notified of a penalty by a letter dated 11-07-1997. Appeal lodged in March 1998. Claimant explained the delay saying that he moved from his old address and received the mail late at his new address. The claimant admitted before the Umpire that he had not kept the Commission informed of his current address which is a requirement of SS.50(9) of EIA. Power to grant an extension to the 30 day appeal period is a discretionary power that belongs to the Commission and no evidence that the Commission exercised its discretion in a non-judicial manner.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  address of normal place of residence  change 

Summary:

Claimant notified of a penalty by a letter dated 11-07-1997. Appeal lodged in March 1998. Claimant explained the delay saying that he moved from his old address and received the mail late at his new address. The claimant admitted before the Umpire that he had not kept the Commission informed of his current address which is a requirement of SS.50(9) of EIA. Power to grant an extension to the 30 day appeal period is a discretionary power that belongs to the Commission and no evidence that the Commission exercised its discretion in a non-judicial manner.


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