| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
|
|
Summary:
At issue: insubordination. The onus is on the Commission if they decide to impose a disqualification to prove the case. While it is the general civil onus, it is a fairly serious allegation, so the proof should be of good quality.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
by telephone |
|
Summary:
Misconduct and contradictory evidence. Wrongly dismissed according to Labour Board. Where credibility is involved, telephone hearings are not satisfactory. Here, the 2 protagonists were present. With reluctance, I find there must be a hearing in person.
There is no doubt that Boards are entitled to conduct their hearings in a variety of ways, including by telephone conference. In some circumstances a fair hearing will require a hearing in person. Such a case arises when the credibility of claimant or others is really in issue.
