Decision A-0465.94

Case Number Claimant Judge Language Decision date
Decision A-0465.94 Owen Darrell  Federal  English 1995-09-19
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  24926 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  disqualification  length  powers 

Summary:

It is clear here that the Umpire did not find any palpable error in the exercise by the Commission of its discretion under para. 27(1)(a) and ss.30(1). He simply substituted his opinion for that of the Commission. That he could not do. Refusal of work. It is now well established by several decisions of this Court that neither a Board nor an Umpire has jurisdiction to interfere with the exercise by the Commission of a discretionary power unless they become convinced that the discretionwas exercised in a non-judicial manner.


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