| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
time limitation |
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|
Summary:
The Commission imposed a penalty and notified the claimant for an act or omission that occurred within the last 36 months. A note on file records subsequent information received by the employer which would affect the amount of the penalty. The Umpire found that this note by the agent constituted the imposition of a penalty beyond the 3 year limitation period. The Federal Court of Appeal stated that the period referred to in section 40(b) of the Act is the date on which the Commission imposes a penalty. The Court found that the note did not amount to the imposition of a penalty, especially since no "notice" of the note was ever communicated to the claimant.
