| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
|
Summary:
To maintain that the Umpire's authority to give the decision that should have been given is withdrawn when the decision under attack is a discretionary one would be inconsistent with the Act and with Parliament's intent. Matter referred back to an Umpire for redetermination with the assumption that he has jurisdiction to change the amount of the penalty imposed if he concludes that the Commission did not exercise its discretion in a judicial manner.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
|
Summary:
The FCA found that, when they have jurisdiction and decide there are grounds to intervene, the Board of Referees and the Umpire have the authority to give the decision that the Commission should have given, regardless of whether that decision is considered to be a discretionary one. Matter referred back to an Umpire for modification of the penalty imposed if he concludes that the Commission did not exercise its discretion in a judicial manner.
