Decision 12859

Case Number Claimant Judge Language Decision date
Decision 12859   Muldoon  English 1986-11-21
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  minor in extent 

Summary:

Criteria to be applied under 43(2) are rather subjective: predicated upon one's plight, circumstances and intentions as distinct from fixed, rigid norm. Criteria set out in CUB 5454 which has become an accepted reference by most Umpires.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  issue not recognized  jurisdiction exceeded 

Summary:

If the referees' [recommendation at the end of their decision] meant to impose a subsequent disentitlement on a different ground, then they acted beyond their jurisdiction. Otherwise it is simply to be ignored. Whether it ever becomes an issue is for the Commission to ponder.


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