| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
|
Summary:
At issue: the power to reduce length of disqualification. In the rare case where a Commission decision can be set aside for fundamental error, the Umpire or Board of Referees is limited to referring the matter back to the Commission for a proper exercise of its discretion.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
This issue has recently been decided by this Court in PHUNG. Earlier Court decisions should now be interpreted in the light of this decision. The Umpire was therefore in error in varying the disqualification imposed by the CEIC from 8 to 7 weeks because of his finding of extenuating circumstances.
At issue: the power to reduce length of disqualification. In the rare case where a Commission decision can be set aside for fundamental error, the Umpire or Board of Referees is limited to referring the matter back to the Commission for a proper exercise of its discretion.
