| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
amount of penalty |
mitigating circumstances |
|
Summary:
Penalty initially imposed at $3,345 but reduced by the Commission to $1,410 in light of the claimant's stress due to the breakup of her marriage and her financial difficulties. Umpire held that the penalty was based on a percentage formula which is not the exercise of a judicial discretion and further reduced the penalty to $750. Decision reversed by the FCA which ruled that the Commission had considered the particular circumstances of the applicant and that there was not an unreasonable exercise by the Commission of its discretionary power to impose a penalty.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
|
Summary:
Penalty initially imposed at $3,345 but reduced by the Commission to $1,410 in light of the claimant's stress due to the breakup of her marriage and her financial difficulties. Umpire held that the penalty was based on a percentage formula which is not the exercise of a judicial discretion and further reduced the penalty to $750. Decision reversed by the FCA which ruled that the Commission had considered the particular circumstances of the applicant and that there was not an unreasonable exercise by the Commission of its discretionary power to impose a penalty.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
errors in law |
excess of jurisdiction |
|
Summary:
Penalty initially imposed at $3,345 but reduced by the Commission to $1,410 in light of the claimant's stress due to the breakup of her marriage and her financial difficulties. Umpire held that the penalty was based on a percentage formula which is not the exercise of a judicial discretion and further reduced the penalty to $750. Decision reversed by the FCA which ruled that the Commission had considered the particular circumstances of the applicant and that there was not an unreasonable exercise by the Commission of its discretionary power to impose a penalty.
