What is the test for misconduct in a civil servant?
Canada (Federal), Canada
The following excerpt is from J. J. v Canada Employment Insurance Commission, 2019 SST 263 (CanLII):
In making this decision, I am mindful of the comments of the court on the issue of misconduct in Attorney General of Canada v. Crichlow, A-562-97: A finding of misconduct, with the grave consequences it carries, can only be made on the basis of clear evidence and not merely of speculation and suppositions, and it is for the Commission to prove the presence of such evidence [...].
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