Decision 46460

Case Number Claimant Judge Language Decision date
Decision 46460   Péloquin  English 1999-11-08
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  violation 

Summary:

BOR held that in the case of a first offence, the penalty was sufficient and the Commission should have exercised its discretion by simply issuing a warning. Umpire held that the BOR erred in law and exceeded its jurisdiction. The Act does not allow a notice of very serious violation given by the Commission to be varied and replaced by a warning.


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

Summary:

BOR held that in the case of a first offence, the penalty was sufficient and the Commission should have exercised its discretion by simply issuing a warning. Umpire held that the BOR erred in law and exceeded its jurisdiction. The Act does not allow a notice of very serious violation given by the Commission to be varied and replaced by a warning.


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