| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
theft |
|
|
Summary:
Umpire found that deliberately transferring school funds to claimant's personal account constituted misconduct within the meaning of S.28 of the Act. Once misconduct established, it is not for the BOR to examine the reasonableness of the employer's decision to dismiss claimant. Upheld by the FCA.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
court judgments or out-of-court settlements |
|
|
Summary:
The BOR erred in stating that if claimant's termination is held to have been justified in an arbitration proceedings, the Commission could recover benefits paid to him. Such a conclusion would give an arbitration panel the final say as to the claimant'sentitlement. It is for the BOR alone to decide
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
issue not recognized |
|
Summary:
The BOR found that claimant had made a serious error of judgement when transferring school funds to his personal account but that he did not "further intend" to harm employer's interests. Held that the BOR must not question the employer's decision to terminate the claimant. Upheld by the FCA.
