Decision 26127

Case Number Claimant Judge Language Decision date
Decision 26127   Muldoon  English 1994-11-28
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  to accompany spouse 

Summary:

Claimant left to move and enter into a common-law relationship. Jurisprudence examined. The only recent decision which runs contrary to this line of cases is CUB 24562. When confronted with inconsistent precedents, the adjudicator must follow the more authoritative judicial precedent, i.e. LANDRY.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  binding judgments 

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.


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