Summary of Issue: Rules Of Evidence

Decision A-0235.97 Full Text of Decision A-0235.97

Umpire found that BOR had erred in assessing the whole matter, and consequently had erred in law, in finding that the claimant could not rely upon his business as a principal means of livelihood. Umpire thus ruled that the documentary evidence accumulated in the record was convincing, and that the claimant was not unemployed. FCA set aside the Umpire’s decision and referred the matter back to the Umpire to be disposed of, taking it for granted that the errors that the BOR might have committed in assessing the evidence did not justify the Umpire’s intervention.

Decision 36555A Full Text of Decision 36555A

Board of Referees erred in law in agreeing to examine the employer’s evidence without informing the claimant. This is a violation of the principle of natural justice.

Decision A-0003.96 Full Text of Decision A-0003.96

Claimant suspended for vandalism. Only evidence in the record: a summary of an officer's telephone conversation with employer's representative. Board of Referees' decision set aside by the Umpire: the Board of Referees did not give sufficient consideration to credibility of the evidence. Error of law according to the FCA. The burden of proof was on the Commission. Evidence contradicted at the hearing and testimonies accepted as trustworthy. Umpire's findings adequately explained. Commission must bear the consequences of any shortcomings in the evidence.

Decision A-0281.95 Full Text of Decision A-0281.95

Board's right to rely on statutory declarations not sworn was challenged. Held that BOR has a broad discretion in considering, attaching weight, accepting or rejecting evidence adduced before it. Not bound by rules of evidence in the way that a judicialtrier of fact is bound. Not disturbed by FCA.

Decision 25973A Full Text of Decision 25973A

Refer to: A-0281.95

Decision A-0237.95 Full Text of Decision A-0237.95

The Commission, BOR and Umpires exercise administrative functions. They are not courts of law. The gathering of information is informal. Moreover, Boards and Umpires are not governed by the formalities of rules of evidence adopted by and imposed upon courts of law. Upheld by the FCA.