| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
Summary:
Reg. 64(6) provides that the procedure at a hearing before a Board is to be determined by the Chairman. A Board is master of its own procedure. It must observe the rules of natural justice but this does not mean that hearsay evidence must be tested by cross-examination. [p. 5-6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
The duty on decision-maker is to give sufficient notice of hearing. Once this has been done (giving time, place and character of hearing), the decision-maker is entitled to proceed in the absence of the person affected. Claimant not denied the opportunity to be heard. [p. 4]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
hearsay |
|
Summary:
Nothing prohibits the admissibility of hearsay evidence where such evidence can be fairly regarded as reliable. In admitting hearsay evidence the Board must observe the rules of natural justice, but this does not mean that it must be tested by cross-examination. [p. 5-6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
Summary:
The whole tenor of the Act is to provide temporary relief to those persons who through no fault of their own lose their employment and are actively seeking employment of a nature which it is possible to find in some place readily accessible to where they live. [p. 6-7]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work, accompanied by personal efforts to find work. Those efforts must be active and a claimant is obliged to show diligence in seeking suitable employment and cannot rely upon others to find it for him. [p. 6]
