Decision 28600

Case Number Claimant Judge Language Decision date
Decision 28600   Dubé  French 1995-08-02
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:

The mere fact that the Board or the claimant were not given the opportunity to cross-examine an employer because the latter was not present at the hearing, should not be a determining factor either; see OLIVIER.


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

Summary:

When faced with contradictory testimonies on the part of the employer and the employee, the mere fact that one is present at the hearing and the other not should not be a determining factor. The Board is free to deem one more credible that the other.


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

Summary:

Boards are not bound by strict rules of evidence. They may receive and accept hearsay evidence and, all the more reason, the employer's evidence submitted via the telephone. The fact that the employer or the employee is present at the hearing while the other is not is not a determining factor.


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