Decision 26398
Full Text of Decision 26398
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0037.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
|
Decision A-0037.95
Full Text of Decision A-0037.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
The Umpire's decision to reduce the period of disqualification established by the Commission was ill-founded. It is quashed and the case is referred back for a new decision, with the understanding that the claimant's appeal had to be dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
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Decision 24926
Full Text of Decision 24926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0465.94
Decision A-0465.94
Full Text of Decision A-0465.94
summary
| Issue: |
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| basic concepts |
disqualification |
length |
powers |
Summary:
It is clear here that the Umpire did not find any palpable error in the exercise by the Commission of its discretion under para. 27(1)(a) and ss.30(1). He simply substituted his opinion for that of the Commission. That he could not do.
Refusal of work. It is now well established by several decisions of this Court that neither a Board nor an Umpire has jurisdiction to interfere with the exercise by the Commission of a discretionary power unless they become convinced that the discretionwas exercised in a non-judicial manner.
Decision A-0008.95
Full Text of Decision A-0008.95
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
In deciding to reduce the period of disqualification, the Umpire exceeded his jurisdiction; not entitled to interfere unless the discretion was exercised in a "non-judicial manner"; in other words, unless the exercise of discretion was tainted by a fundamental error.
Decision A-0453.94
Full Text of Decision A-0453.94
summary
| Issue: |
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| basic concepts |
disqualification |
length |
powers |
Summary:
Disqualification reduced by Board from 9 to 3 weeks. Appeal by Commission. The Umpire imposed the minimum 7 weeks. The decision of the Umpire concerning the alteration of the period of disqualification is set aside. Also, the Board erred in altering the disqualification as fixed by the Commission.
Decision A-0583.94
Full Text of Decision A-0583.94
summary
| Issue: |
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| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
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Decision A-0326.94
Full Text of Decision A-0326.94
summary
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| basic concepts |
disqualification |
length |
powers |
Summary:
Length of disqualification for misconduct reduced from 10 to 7 weeks by Umpire. On consent, the decision of the Umpire is set aside on the basis that an Umpire does not have authority to reduce the period of disqualification for benefit.
Decision 25903
Full Text of Decision 25903
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0685.94
Decision 24526
Full Text of Decision 24526
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0326.94
Decision A-0685.94
Full Text of Decision A-0685.94
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Length of disqualification for refusal of work reduced from 10 to 7 weeks by Umpire. The decision of the Umpire is set aside on the basis that an Umpire has no authority to reduce the period of disqualification.
Decision 24325
Full Text of Decision 24325
summary
| Issue: |
Sub-Issue 1: |
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| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0265.94
Decision A-0265.94
Full Text of Decision A-0265.94
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Length of disqualification for misconduct reduced from 11 to 7 weeks by Umpire. On consent, the decision of the Umpire is set aside on the basis that, in the circumstances of this case, the Umpire cannot modify the length of the disqualification imposedby the Commission.
Decision A-0464.94
Full Text of Decision A-0464.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
This issue has recently been decided by this Court in PHUNG. Earlier Court decisions should now be interpreted in the light of this decision. The Umpire was therefore in error in varying the disqualification imposed by the CEIC from 8 to 7 weeks because of his finding of extenuating circumstances.
At issue: the power to reduce length of disqualification. In the rare case where a Commission decision can be set aside for fundamental error, the Umpire or Board of Referees is limited to referring the matter back to the Commission for a proper exercise of its discretion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
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Decision 24929
Full Text of Decision 24929
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0464.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
|
Decision 24538
Full Text of Decision 24538
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0343.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision A-0343.94
Full Text of Decision A-0343.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Length of disqualification for voluntary leaving reduced from 8 to 7 weeks by Umpire. The decision of the Umpire is set aside. In the circumstances of this case, the Umpire cannot modify the length of the disqualification imposed by the Commission.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 25936
Full Text of Decision 25936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0689.94
Decision A-0689.94
Full Text of Decision A-0689.94
summary
| Issue: |
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Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Disqualification period reduced from 6 to 3 weeks by the umpire. Case returned to the umpire so that he may make a new decision taking it for granted that in the circumstances of this case, he cannot amend the duration of the disqualification period imposed by the Commission.
Decision A-0308.94
Full Text of Decision A-0308.94
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
The jurisprudence establishes clearly that neither a Board nor an Umpire may exercise the discretionary powers conferred on the CEIC. Such a decision cannot be overturned unless vitiated by a fundamental error. There is no reason not to apply this to a decision fixing the length of a disqualification.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
discretionary powers |
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Decision 25463
Full Text of Decision 25463
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0583.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
| basic concepts |
disqualification |
length |
|
Decision 24937
Full Text of Decision 24937
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0453.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
end of contract |
|
Decision A-0023.94
Full Text of Decision A-0023.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
The Umpire found no error on the part of the Board and, indeed, expressed agreement with the conclusion that claimant had voluntarily quit without just cause. He nevertheless rescinded the disqualification. In the absence of a finding of error, he has no jurisdiction to vary the Board's decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision 23731
Full Text of Decision 23731
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-0023.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision 21822
Full Text of Decision 21822
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Refer to: A-1463.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
cross-appeal |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision A-1463.92
Full Text of Decision A-1463.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
In the circumstances, we want to leave open the question of an Umpire's jurisdiction over the merits of a disqualification on an issue as to quantum.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
cross-appeal |
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| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision A-0917.83
Full Text of Decision A-0917.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
powers |
Summary:
Matter referred back to Umpire to decide whether 6 week disqualification should be reduced.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
duration of disqualification |
|
