Decision A-0509.94

Case Number Claimant Judge Language Decision date
Decision A-0509.94 Fingard Morley  Federal  English 1995-06-13
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  waiting for grievance settlement or judgment 

Summary:

Held that the Umpire committed reversible error in reversing the Board's finding based on credibility that claimant had good cause for a 3-year delay related to a suit for wrongful dismissal (a question of mixed fact and law) without giving any indication that the Board had committed legal error.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  natural justice and error in law or in fact 

Summary:

The Umpire reversed that conclusion (finding based on credibility relating to a suit for wrongful dismissal and a 3-year antedate), one of mixed fact and law, without giving any indication that the Board had committed legal error in reaching its conclusion. He committed reversible error in doing so.


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