Decision A-0238.96

Case Number Claimant Judge Language Decision date
Decision A-0238.96 Malka Lana  Federal  English 1996-11-19
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  reduction 

Summary:

First penalty imposed in December 1992 at 100% for weeks from 28-06-92 to 19-07-92. A further audit was conducted during the early part of 1993 and a second penalty was imposed at 200% for other weeks (some prior and some after the previous period) in 1992. Second penalty reduced at 100% by Umpire who considered it as an ongoing offence. Decision reversed by FCA who considered that Umpire had exceeded his jurisdiction.


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

Summary:

First penalty imposed in December 1992 at 100% for weeks from 28-06-92 to 19-07-92. A further audit was conducted during the early part of 1993 and a second penalty was imposed at 200% for other weeks (some prior and some after the previous period) in 1992. Second penalty reduced at 100% by Umpire who considered it as an ongoing offence. Decision reversed by FCA who considered that Umpire had exceeded his jurisdiction.


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