Summary of Issue: Selection Of One Ground

Decision A-0131.90 Full Text of Decision A-0131.90

The notice of appeal may, as any other document of the submission, be modified. Provided the principles of natural justice are complied with and the respondent is not taken by surprise, the Umpire should allow a claimant to raise questions not identified on the original notice. The Umpire dismissed the Commission's appeal solely on the ground that the notice of appeal was based on para. 80(b) whereas, in his view, the appeal was based on para. 80(c). He erred by taking for granted that an appellant can never raise other grounds than those firstly raised.

Decision 17800 Full Text of Decision 17800

Refer to: A-0131.90

Decision 12516 Full Text of Decision 12516

S.80 and 81 must be read together in context, not separately and in isolation. They should be given a broad and remedial construction. Once a ground for appeal is found valid, an Umpire can decide any question on law or fact necessary for the disposition of the appeal. [p. 12]

Decision A-0381.85 Full Text of Decision A-0381.85

Once the Umpire has correctly found that the Board has made an error of law, the question whether there was evidence which could reasonably allow the Board to conclude as it did no longer arises.