Decision A-1398.92

Case Number Claimant Judge Language Decision date
Decision A-1398.92 Dufour Jacques  Federal  French 1993-12-08
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  21715 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  issue not recognized  correction to consider 

Summary:

CEIC stated it was a voluntary leaving, the Board, a dismissal. According to the Umpire, there could be no question of referring the matter back to the Board of referees so that it could try to find the existence of misconduct when the CEIC has treated the matter as voluntary departure. Error in law. Claimant absented himself from his employment without informing his employer. Board stated it was misconduct and allowed the appeal. The Board, and in his turn the Umpire, should have considered whether there had been a dismissal and if that dismissal was provoked by the claimant's misconduct.


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