Summary of Issue: Decision Incomplete

Decision 70449 Full Text of Decision 70449

The Commission's allegation with respect to the decision of the Board of Referees is based on section 114(3) of the Act, requiring the Board of Referees to explain its findings on matters of fact material to its decision. The Board of Referees does not give any reason for reversing the Commission's decision on that issue. By failing to do so, it errs in law and warrants the intervention of the Umpire to allow the Commission's appeal and that issue is referred to a differently constituted Board of Referees for a new decision.

Decision A-0696.94 Full Text of Decision A-0696.94

The Board having failed to deal with the issue of penalty, the umpire allowed the appeal concerning the false statements and eliminated the penalty. The Federal Court of Appeal reversed the decision of the umpire so that he may refer the case to the Board to decide on the issue which was not dealt with.

Decision 25933 Full Text of Decision 25933

Refer to: A-0696.94

Decision 26306 Full Text of Decision 26306

Held that the maxim "no one is to be twice tried for one fault" does not apply if the Board of Referees neglects to dispose of an issue which is before them to decide and which they are empowered to dispose. It had the jurisdiction to re-open its hearing to deal with the issue. SEVERUD quoted.

Decision 21553 Full Text of Decision 21553

The Board's decision is wholly inadequate. The Board declined to decide the issue, stating it had no ability to determine whether report cards and warrants were forged and therefore upholding the Commission's decision.

Decision 21559 Full Text of Decision 21559

The Board dismissed the appeal since neither claimant nor the employer being present, it was unable to establish his or their credibility. The Board should have proceeded according to its perception of the weight to be attached to the conflicting documentation. Error in law.

Decision 18045 Full Text of Decision 18045

Refer to: A-0463.90

Decision A-0463.90 Full Text of Decision A-0463.90

The Board failed in a first decision to dispose of one of the issues before it. The statute does not specify any remedies which the Board is empowered to apply. It simply allowed the appeal without saying which of the decisions was bad. It should be allowed to complete its task.

Decision 16648A Full Text of Decision 16648A

The Board erred in law or declined to exercise its jurisdiction by refusing to calculate insurable earnings and resulting rate of benefit. To this end, the Board may refer questions to the Commission for investigation and report pursuant to reg. 65.

Decision A-0359.85 Full Text of Decision A-0359.85

As the Board's decision does not show clearly whether it considered the question of claimant's availability, the matter should be referred back to it in order that the question be clearly considered and decided.

Decision 12106 Full Text of Decision 12106

Refer to: A-0359.85