Decision 15216

Summary:

There is abundant jurisprudence that in order to find that a false statement was made, a Board must find that claimant not only made the false statement but that she knew they were false and she made them for the purpose of getting benefits to which shewas not entitled.

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Summary:

As I have said before, in the absence of transcripts being kept of Boards hearings, the only evidence I have as to what went on in that forum is that placed before me by claimant and her representative. I have no reason to doubt that evidence. It is entirely credible.

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Summary:

There was a lack of natural justice not only because essential evidence which claimant had asked to be placed on file had not found its way there, but also because the members demonstrated by their attitude that they had prejudged the case.

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Summary:

An inference may be drawn that a statement is knowingly false from the very fact that it is false. Then the burden of reasonable explanation shifts to claimant. Claimant must adduce credible evidence of good faith and lack of blameworthy conduct. This was done here.

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Summary:

Ample jurisprudence that Boards should be slow to accept hearsay evidence, as it exists in reports of phone calls written by Commission agents, in the face of credible oral evidence given by claimant to contrary when employer is not present to give direct oral evidence.

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Summary:

Left after 5 days. Work misdescribed to her at hiring. Entirely understandable she should not feel qualified to be working as collection agent with respect to individuals located in Quebec when she lacks facility in French language.

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