| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
|
|
Summary:
Only evidence submitted by employer is in writing and hearsay. When there is reason to doubt credibility, the Board should not rely on them if contradicted by oral evidence. Clear statements must be privileged. Reasonable doubt in favor of claimant.
Employer states he cannot divulge name of informants, that he himself was not witness of misconduct. Solidity of proof thus decreased. Clear, solid and unequivocal evidence is necessary.
Facts contradicted by oral evidence.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
Summary:
Even though natural justice does not grant claimant the right to verify the truthfulness of a statement through cross-examination (see CUB-12282), the Board should have at least required the presence of a representative of the employer able to bear witness to the incidence.
