Decision 16222

Case Number Claimant Judge Language Decision date
Decision 16222   MacKay  English 1989-03-06
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  right to cross-examine 

Summary:

Different versions of facts relating to reasons for dismissal were presented. While it might have been more helpful if a representative of the employer had been present in order to assist the Board, there is no requirement that this be done.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  reason for existence of boards 

Summary:

Not a trial in the nature of the normal criminal or civil process of courts. The Board's task is to assess, on the basis of information available to the Commission at time of its decision and such further explanation as claimant may provide, whether thedecision should be varied.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  hearsay 

Summary:

Not a trial in the nature of the normal criminal or civil process of courts. Not bound by strict rules of evidence. Hearsay evidence may be accepted. Not bound to accept facts as stated by claimant or those as stated by employer.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  assess credibility  duty 

Summary:

The proceedings are intended to provide an expeditious and inexpensive process for appeal. Hearsay evidence may be accepted. There is no principle that the Board must accept the facts as stated by claimant or those as stated by the employer.


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