Decision A-1420.83

Case Number Claimant Judge Language Decision date
Decision A-1420.83 Penner A.N.  Federal  English 1984-02-13
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  document missing 

Summary:

Letter of dismissal shown to but not handed to claimant. Copy refused to Commission pending law suit. Crucial character of letter undisputable. The Board proceeded knowing the evidence to exist and in spite of claimant's request to defer. Denial of natural justice.


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

Summary:

The Umpire verbally indicated what his decision was to be. S.28 application filed within 10 days. Written decision given later. As a written decision is required under reg. 70(1), the application was not made in respect of a "decision".


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  right to be heard  improper hearing 

Summary:

Letter of dismissal shown to but not handed to claimant. Copy refused to Commission pending law suit. Crucial character of letter undisputable. The Board proceeded knowing the evidence to exist and in spite of claimant's request to defer. Denial of natural justice.


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

Summary:

The Umpire verbally indicated what his decision was to be. S.28 application filed within 10 days. Written decision given later. As a written decision is required under reg. 70(1), the application was not made in respect of a "decision".


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