Decision 12317C

Case Number Claimant Judge Language Decision date
Decision 12317C   Muldoon  English 1990-08-13
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  natural justice  defined 

Summary:

Once a sufficient notice of hearing has been given, proceeding with the hearing in the claimant's absence does not constitute a breach of the audi alterem partem rule for it is the claimant's undoubted right not to attend the hearing if such be the claimant's choice.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  natural justice  notice of hearing 

Summary:

Held in CUB 14805 that 2 days is sufficient notice of hearing. That cannot be regarded as a settled rule, at least it cannot if the claimant be again working at the time scheduled, for such a short period quite possibly would not accord sufficient time to arrange for leave.


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

Summary:

Logger. No dry room and had to go to work with wet clothes. Meals not cooked until 9:00 p.m. Had to ride on a skidder. Uncontradicted evidence accepted. Conditions not tolerable enough to wait for the WCB to take action. Intolerably risky to good healthand reasonable safety.


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