Decision A-0237.95

Case Number Claimant Judge Language Decision date
Decision A-0237.95 Lameck Ronald  Federal  English 1996-02-20
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  22601A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  proof 

Summary:

The Commission, BOR and Umpires exercise administrative functions. They are not courts of law. The gathering of information is informal. Moreover, Boards and Umpires are not governed by the formalities of rules of evidence adopted by and imposed upon courts of law. Upheld by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  acts of violence 

Summary:

Claimant denied the act of violence. However, the pointing of an open bladed knife with threatening words, whether serious or in jest, is disregard of a standard of behaviour the employer has a right to expect of an employee. That behaviour is manifestly an act of misconduct. Upheld by the FCA.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof  errors in law  rules of evidence 

Summary:

The Commission, BOR and Umpires exercise administrative functions. They are not courts of law. The gathering of information is informal. Moreover, Boards and Umpires are not governed by the formalities of rules of evidence adopted by and imposed upon courts of law. Upheld by the FCA.


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