Decision A-0640.93

Case Number Claimant Judge Language Decision date
Decision A-0640.93 Dietrich Denise C.  Federal  English 1994-12-13
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  23101 

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  dangerous 


In determining whether medical reasons constituted just cause for leaving, the Umpire applied a subjective test rather than an objective one and reached a conclusion favourable to the claimant in the absence of any objective evidence. This is an error that warrants the intervention of this Court.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  capricious finding  meaning 


The Umpire substituted the Board's view of the facts for his own without asking himself whether there was evidence in the record before the Board to support its conclusion and without first finding that the Board had erred in principle in reaching its conclusion. See McCARTHY.

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