Decision 17855

Case Number Claimant Judge Language Decision date
Decision 17855   Martin  English 1990-03-14
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


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

Summary:

If the Board felt bound in law to give precedence to the 1st statement, it erred. Frequently, more weight will be given to the 1st statement but there is no conclusive presumption that it must be accepted over a later one. The Board must consider and weigh all evidence.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  constitution of board  member ineligible 

Summary:

Appeal dismissed by Board in the absence of the claimant. Second hearing held before same Board. Case to be heard by a new Board. The claimant was prejudiced by having to appear before a Board which had already decided the issue. This constituted a breach of natural justice.


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