| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
notice of interview |
|
|
Summary:
Claimant informed the Commission that, on the basis of legal advice, he would not be attending unless he was apprised of the nature of the allegations against him. I do not accept that failure to provide such details constitutes a breach of the principles of natural justice.
The legislation is clear that in order to continue receiving benefits, the claimant must, at the very least, attend the scheduled interview in order to ascertain, and later provide, whatever information the Commission deems necessary.
Failed to comply with ss. 41(6) on 15-1-91 and 14-2-91. His refusal to attend the interview for the purpose of reviewing his job search and discussing his availability for work entitled the Commission to make a determination that he had not met the requirements effective 26-11-90.
To suggest that a claimant is entitled to know the case he has to meet prior to attending an interview is a misconception of the Commission's role in administering the provisions of the legislation. Certainly he could not be prevented from having his solicitor attend the meeting.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
rationale |
|
|
Summary:
The purpose of s. 39 through 43, dealing with claim procedures, is to allow the Commission to fulfil its responsibility of ensuring that claimants meet the requirements of the Act. It is empowered to request additional information in order to ensure continuing eligibility.
