Decision 18652

Case Number Claimant Judge Language Decision date
Decision 18652   MacKay  English 1990-10-04
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


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

Summary:

The procedural irregularity consists of having appointed the same Board to hear claimant's case after that Board had ruled against him once before in his absence not having received adequate notice of the hearing.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  natural justice  notice of hearing 

Summary:

Did not receive adequate notice of hearing. Case reheard by same Board. First decision to be treated as a nullity and case to be heard de novo. Board misled as to its powers and procedure: the CEIC submitted that the decision could not be varied unless new facts brought forward.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  new facts not required 

Summary:

Did not receive adequate notice of hearing. Case reheard by same Board. First decision to be treated as a nullity and case to be heard de novo. Board misled as to its powers and procedure: the CEIC submitted that the decision could not be varied unless new facts brought forward.


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