Decision A-0430.96

Case Number Claimant Judge Language Decision date
Decision A-0430.96 Walsh Mark  Federal  English 1997-07-02
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  request for review  new facts to BOR, Umpire or Commission 

Summary:

Claimant disqualified for having voluntarily left his employment without just cause. Decision upheld by BOR and Umpire. Claimant sought reconsideration by way of a decision rendered by an adjudicator under the Labour Standards Act (LSA). Decision maintained by Umpire. FCA held that reconsideration of the umpire's decision based on the decision of an adjudicator made in paralleled proceedings taken pursuant to the LSA was unnecessary since the factual conclusions of the adjudicator were not "new facts" within S.86 of the U.I. Act and were irrelevant to the issues before the umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  reconsideration of claim  new facts  definition 

Summary:

Claimant disqualified for having voluntarily left his employment without just cause. Decision upheld by BOR and Umpire. Claimant sought reconsideration by way of a decision rendered by an adjudicator under the Labour Standards Act (LSA). Decision maintained by Umpire. FCA held that reconsideration of the umpire's decision based on the decision of an adjudicator made in paralleled proceedings taken pursuant to the LSA was unnecessary since the factual conclusions of the adjudicator were not "new facts" within S.86 of the U.I. Act and were irrelevant to the issues before the umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  voluntarily leaving employment  applicability  decision by another body 

Summary:

Claimant disqualified for having voluntarily left his employment without just cause. Decision upheld by BOR and Umpire. Claimant sought reconsideration by way of a decision rendered by an adjudicator under the Labour Standards Act (LSA). Decision maintained by Umpire. FCA held that reconsideration of the umpire's decision based on the decision of an adjudicator made in paralleled proceedings taken pursuant to the LSA was unnecessary since the factual conclusions of the adjudicator were not "new facts" within S.86 of the U.I. Act and were irrelevant to the issues before the umpire.


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