Decision A-0737.97
Full Text of Decision A-0737.97
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Although an Umpire has the authority, when cancelling a BOR's decision, to give the decision that should have been given, he should do so only when the evidence in the file is sufficiently clear and not open to interpretation or subjective assessment.
other summary
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| board of referees |
jurisdiction |
independent decision-making |
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| umpires |
errors in law |
excess of jurisdiction |
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Decision A-0823.97
Full Text of Decision A-0823.97
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The Umpire decided that it is impossible to determine whether the Commission exercised its discretion in a judicial manner and that there is sufficient evidence in the file indicating extenuating circumstances to send the case back to the BOR. The FCA ruled that the very brief but sufficient analysis by the BOR shows that this body considered both the exercise of discretionary power by the Commission and the opportunity to reduce the penalty. There is no need to sent the case back to the BOR and the Umpire’s decision is reversed.
other summary
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| umpires |
errors in law |
excess of jurisdiction |
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| penalties |
amount of penalty |
mitigating circumstances |
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Decision 40214
Full Text of Decision 40214
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Claimants admitted that the alleged facts caused their dismissal. BOR went against the jurisprudence in overlooking these facts and their interpretation of the jurisprudence was erroneous in law and in fact and was made in a perverse or capricious manner and without regard for the material before it.
other summary
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| board of referees |
issue not recognized |
error by board |
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| board of referees |
weight of statements |
credibility |
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Decision 33033
Full Text of Decision 33033
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The arbitration board does not seem to have paid due attention to the serious allegations brought forward by the employer. Its decision seems to be based solely on the beneficiary's testimony. The arbitration board could have set aside the documentary evidence, but was obliged to explain why it had to do so.
other summary
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| misconduct |
merit of dismissal |
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Decision 25917
Full Text of Decision 25917
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
A Board is not required to refer to all of the evidence that is before it. It is sufficient that its decision reflect the fact that it has taken all of the evidence before it that is relevant to the issue in question into account.
other summary
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| voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 25193
Full Text of Decision 25193
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The Board's decision was made in a perverse and capricious manner and without regard to the material before it. It failed to indicate why it did not accept what the doctor stated as to the period of claimant's incapacity, and nor did it speak of the claimant's admission that he is incapable of working.
other summary
| Other Issue(s): |
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| availability for work |
applicability |
definition |
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| availability for work |
applicability |
definition |
incapacity |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 24943
Full Text of Decision 24943
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
CUB 19867 quoted. There is nothing in the Board's decision to indicate that it gave any consideration whatsoever to the evidence of the employer. I must therefore set aside the Board's decision on the ground that it appears to have made a finding of fact without regard to the material before it.
Decision 22877
Full Text of Decision 22877
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Refer to: A-0582.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| earnings |
awards |
nature of monies |
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Decision A-0582.93
Full Text of Decision A-0582.93
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
This last point (the Umpire's decision based on an erroneous finding of fact without regard to the evidence before him) is manifestly well founded. The Umpire's decision deducted from the settlement relocating expenses, an item to which the statement of claim did not contain any reference.
other summary
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| earnings |
awards |
nature of monies |
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Decision 21875
Full Text of Decision 21875
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Refer to: A-1467.92
Decision A-1467.92
Full Text of Decision A-1467.92
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The CEIC itself admitted that the statements in question had been refuted by the testimony given before the Board. The Board may have been wrong in deciding as it did, but it certainly did not ignore the written statements when it decided to give more credence to the testimony it had heard.
Decision 23208
Full Text of Decision 23208
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
It is clear that the Board of Referees based its decision solely on the testimony given by the claimant when he appeared before it. In my opinion, the Board's failure to consider the documentary evidence submitted to it prior to the hearing is an error in law.
Decision 22777
Full Text of Decision 22777
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Evidence in the form of an affidavit and a signed statement from 2 people were before the Board. The Board made no reference to a finding with respect to the affidavit evidence. I therefore conclude that it based its decision on a finding of fact made without regard to the material before it.
Decision 21528
Full Text of Decision 21528
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The Board did not have regard to claimant's signed statement that farming was his main livelihood, that he worked at it all day. The Board adopted his statements, in the telephone hearing, without regard to the fact that he had not worked off the farm during the farming season.
other summary
| Other Issue(s): |
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| week of unemployment |
farming |
self-employed |
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| board of referees |
weight of statements |
credibility |
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Decision 21401
Full Text of Decision 21401
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The Board based its decision on an erroneous finding of fact made without regard to the material before it. Notwithstanding her consistent and uncontradicted statements to the contrary, the Board states that she never discussed the problem with her supervisor.
other summary
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Sub-Issue 1: |
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| voluntarily leaving employment |
just cause |
obligation to care for a child |
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Decision 19867
Full Text of Decision 19867
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
While it is not necessary that a Board in its record of decision consider specifically every bit of evidence put before it, it is an irregularity where the evidence is directly conflicting not to indicate that it has at least given consideration to it if only to reject it.
Decision 18671
Full Text of Decision 18671
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
A number of documents in the file such as the lease and a document form the protonotary testify to the insured person's involvement in the company. By giving more value to evidence contradicting that, the Board did not take account of the points brought to its knowledge.
other summary
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| board of referees |
weight of statements |
credibility |
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Decision A-0078.89
Full Text of Decision A-0078.89
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
The documentary evidence shows that claimant operated a business on a continuing basis. The Board does not mention it and simply accepts claimant's statement that he never intended to operate a business. The Umpire was correct in intervening.
other summary
| Other Issue(s): |
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| week of unemployment |
proof |
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| board of referees |
hearings |
tape-recording |
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Decision 16177
Full Text of Decision 16177
summary
| Issue: |
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Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
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Summary:
Refer to: A-0078.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| week of unemployment |
proof |
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| board of referees |
hearings |
tape-recording |
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Decision 17150
Full Text of Decision 17150
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
While the Board notes "new evidence", it does not say whether it accepts or rejects this material. No finding as to whether the statement signed is credible and what weight should be given it. This gives rise to the possibility that it did not take thatstatement into account.
other summary
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| misconduct |
definition |
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| umpires |
jurisdiction |
evidence new |
witnesses |
Decision 12359A
Full Text of Decision 12359A
summary
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Claimant submitted evidence that she applied for work in the Grand Falls area. The Board found that claimant's availability was restricted to Botwood and Bishops Falls only. That finding was made without regard to the material before the Board.
Decision A-0568.79
Full Text of Decision A-0568.79
summary
| Issue: |
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| umpires |
grounds of appeal |
without regard for material |
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Summary:
Nothing in the evidence to show that there were special funding arrangements permitting employees not to contribute to a strike initiated against their interests. Error of law since the Umpire's decision was based on this finding, without regard to the evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| board of referees |
errors in law |
misinterpretation of facts |
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