Summary of Issue: Discretion Wrongly Exercised


Decision A-0127.95 Full Text of Decision A-0127.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons discretion wrongly exercised
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

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons discretion wrongly exercised
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
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.

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