| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
discretionary power waiver or variation of requirements |
|
|
Summary:
The power to waive under ss.41(10) is vested only in the Commission and when it is invoked by a claimant it must be exercised by the Commission. It goes without saying that it must be exercised fairly and not arbitrarily. [p. 6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
second notice a nullity |
|
Summary:
1st notice refers to reg. 39(a). Case upheld by Board under 39(b). 2nd notice refers to s.41 and is a nullity. The Umpire was correct in setting aside the Board's decision. However, to leave the matter there does not entitle claimant to benefit. 41(10) to be considered.
Once the appeal procedure is invoked it was too late for the Commission to exercise its authority under s.86, even though it does not expressly put any time limit. Otherwise a lower tribunal could intervene while the matter is pending before a higher court. [p.5]
As the Commission's refusal was under appeal when the 2nd notice was issued, the matter was out of the Commission's hands and the notice was a nullity. I take this view notwithstanding s.86. No new fact had been presented and no mistake as to a materialfact. [p.4]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
correction to consider |
|
Summary:
1st notice refers to reg. 39(a). Case upheld by Board under 39(b). 2nd notice refers to s.41 and is a nullity. The Umpire was correct in setting aside the Board's decision. However, to leave the matter there does not entitle claimant to benefit. 41(10) to be considered.
