| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
errors in law |
excess of jurisdiction |
|
Summary:
The claimant lost his job with Norson Construction due to a work-shortage. Subsequently, the claimant found work at Peak Construction, but left this position after 24 hours. The Commission concluded that the claimant left his employment with Peak voluntarily and without just cause. The Board concluded that the claimant did not provide just cause for leaving his employment with Peak. More particularly, the Board preferred the employer’s evidence that although the claimant had been instructed by his employer to go home on the afternoon of March 13, 2009, for safety reasons, he had clearly been told to report for work the following day. The FCA held that the Umpire erred in finding that the BOR had considered irrelevant statements. Further, the Umpire exceeded his jurisdiction by directing the Commission to decide the Norson claim and receive a new application from the claimant in regard to his employment with Peak.
