| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
Summary:
12-week disqualifications to be reserved only for the most serious of cases, not unlike the situation in criminal sentencing where there is a range of possible sentences. If there are extenuating circumstances, less than 12 weeks should be imposed with the shortest in the most sympathetic cases.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
12-week disqualification for voluntary leaving rescinded by Board. Held by the Umpire that claimant did not have just cause for leaving but, due to extenuating circumstances, a 7-week was reimposed. Held by the Court that there was no ground for interfering with the period of disqualification.
Neither the Board nor the Umpire has jurisdiction to fix the periods of disqualification. Only the Commission has that power, but it must exercise it according to law.
This Court will not lightly interfere with these discretionary decisions, as long as the Commission follows these guidelines (varying the lengths of disqualification). If it fails to follow them, the Board or Umpire may send the matter back to the Commission for redetermination accordingly.
This new jurisprudence (Umpires not allowed to reduce disqualification) does not mean that the Commission now has carte blanche to ignore the will of Parliament and to impose the maximum period automatically. To do so might well amount to a fundamental error subject to review by this Court.
