Decision 46081

Case Number Claimant Judge Language Decision date
Decision 46081   Péloquin  French 1999-10-07
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  amount of penalty 

Summary:

Penalty of $21,063 (17 false statements X 3 times the benefit rate established at $413) imposed for issuance of false Records of Employment. The BOR, without explanation, held that one time the rate was sufficient. Error of law according to the Umpire. The BOR substituted its discretion for that of the Commission without establishing that the Commission had not exercised its discretion in a judicial manner and had acted arbitrarily, without any basis in established fact.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  imposed to employer 

Summary:

Penalty of $21,063 (17 false statements X 3 times the benefit rate established at $413) imposed for issuance of false Records of Employment. The BOR, without explanation, held that one time the rate was sufficient. Error of law according to the Umpire. The BOR substituted its discretion for that of the Commission without establishing that the Commission had not exercised its discretion in a judicial manner and had acted arbitrarily, without any basis in established fact.


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