Decision A-0127.95
Full Text of Decision A-0127.95
summary
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board of referees |
special reasons |
discretion wrongly exercised |
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Summary:
The discretionary power conferred by s.79(1) of the Act is to be exercised by the Commission. Should it fail to do so in a judicial manner, Boards and Umpires are to do what the Board did in this case, namely to return the matter to the Commission so that it may exercise its discretion judicially.
Decision 26841
Full Text of Decision 26841
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Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
board of referees |
special reasons |
discretion wrongly exercised |
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Summary:
Refer to: A-0127.95
Decision 29303
Full Text of Decision 29303
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
special reasons |
discretion wrongly exercised |
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Summary:
The Commission cannot benefit by having ignored certain facts. It is not a question of law but rather one of fact. The Board is the trier of facts. It ruled that in law, considering the facts, she had shown special reasons.