Decision 26127
Full Text of Decision 26127
summary
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| umpires |
jurisdiction |
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Summary:
The Umpire is bound to apply the doctrine of stare decisis which, since the beginning of the notion of precedents in common law, means that when confronted with inconsistent precedents, the adjudicator must follow the more (or most) authoritative judicial precedent.
other summary
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| voluntarily leaving employment |
just cause |
to accompany spouse |
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Decision 22910
Full Text of Decision 22910
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| umpires |
jurisdiction |
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Summary:
The Commission states that claimant's previous case (3 years earlier) cannot be relied upon because there was no hearing since they conceded the appeal, and that given this fact, no jurisprudence was established upon which the claimant could now rely. I have to agree with this submission.
Decision 19723
Full Text of Decision 19723
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| umpires |
jurisdiction |
binding judgments |
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Summary:
One Board is not bound by the decision of another but they are all bound by decisions of Umpires. Boards and Umpires are bound by decisions of the Federal Court. As a result, even if one Board decides one way, another may hold that the jurisprudence requires different decisions.
other summary
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| board of referees |
jurisdiction |
binding judgments |
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Decision 16176
Full Text of Decision 16176
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| umpires |
jurisdiction |
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Summary:
It was suggested that the Commission should provide a copy of its decision in Collingwood. It appears that the ruling, not substantiated by any appeal, could not be binding in other cases, although consistency is always desirable.
Decision 15186
Full Text of Decision 15186
summary
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| umpires |
jurisdiction |
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Summary:
Claimant's counsel referred to a decision of the Canadian Human Rights Commission in Alberta. While this decision is instructive, it is not binding. [p._4-5]
other summary
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| availability for work |
restrictions |
religious objections |
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Decision 14550
Full Text of Decision 14550
summary
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| umpires |
jurisdiction |
binding judgments |
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Summary:
Of course a decision by a Board in another case is not binding on an Umpire nor does it even constitute jurisprudence.
other summary
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| board of referees |
jurisdiction |
binding judgments |
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| availability for work |
courses |
weight of statements |
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| availability for work |
courses |
pattern study-work as requirement |
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| board of referees |
errors in law |
not applying jurisprudence |
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| board of referees |
errors in law |
attending classes |
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Decision 13443
Full Text of Decision 13443
summary
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| umpires |
jurisdiction |
binding judgments |
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Summary:
A Board decision in another case is not binding on an Umpire who must decide the case before him on the basis of the facts and law as he interprets it.
other summary
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| interruption of earnings |
compensatory leave |
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| interruption of earnings |
charter |
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| board of referees |
errors in law |
misinterpretation of facts |
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Decision 12081
Full Text of Decision 12081
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| umpires |
jurisdiction |
binding judgments |
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Summary:
While the decision of a Human Rights Tribunal could not, of course, be binding upon an Umpire, it appeared to me to raise important questions of law upon which I wished to hear further argument.
Decision 10699
Full Text of Decision 10699
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| umpires |
jurisdiction |
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Summary:
Insured produced decision of another board which had decided favourably in identical situation. I explained to him that decision was wrong. I could not allow another error to be committed.
