| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
improper hearing |
|
Summary:
Hearings of appeals before Boards must preserve at all times a reasonable standard of detachment and the appearance of justice being seen to be done. This standard is not well served by embarking on a confrontational question and answer type of inquisitorial proceeding. [p. 6]
Several judgments examined from various Courts. Chairperson's aggressive and hostile questioning of the claimant raised a reasonable apprehension of bias by creating in claimant's mind the impression that he was not going to get a fair and impartial hearing. [p. 6]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
The Board agreed that he is attending a course to which not referred and therefore is disentitled. The issue was availability. The Board misdirected itself and erred in law by failing to consider the usual tests of availability. Non-referral is not an absolute prohibition. [p._7]
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Summary:
The Board agreed that he is attending a course to which not referred and therefore is disentitled. The issue was availability. The Board misdirected itself and erred in law by failing to consider the usual tests of availability. Non-referral is not an absolute prohibition. [p._7]
