Decision A-0548.83

Case Number Claimant Judge Language Decision date
Decision A-0548.83 Dubois H.  Federal  French 1984-01-17
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court  appeal system  calculation of delay 

Summary:

Decision of Umpire delivered orally on 11-4 and in writing on 30-6; appeal to FC on 21-4 premature since decision under appeal did not really exist before 30-6 under Reg. 70. However, appeal is still valid.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  natural justice and error in law or in fact 

Summary:

It is clear that the Umpire substituted his opinoin for that of the board in respect of whether [there had been a change in duties] that could justify leaving voluntarily. He therefore exceeded the power conferred on him by s. 80.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  judgment in written form  a requirement 

Summary:

Decision of Umpire delivered orally on 11-4 and in writing on 30-6; appeal to FC on 21-4 premature since decision under appeal did not really exist before 30-6 under Reg. 70. However, appeal is still valid.


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