Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
natural justice |
defined |
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Summary:
At the first hearing written representations following the Umpire's request were submitted on time but through administrative inadvertence were not brought to his attention. Umpire rendered his decision without the benefit of same. Subsequently, the representations were brought to the Umpire's attention and he rendered a second decision confirming the first without being expressly asked to do so. FCA found that the decision of the Umpire cannot stand, having failed to consider the written representations which had been requested and submitted on time, there was clearly a breach of rules of fairness or natural justice.