Summary of Issue: Discretion Of The Chairperson


Decision 29257 Full Text of Decision 29257

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right to be heard harassment discretion of the chairperson
Summary:

Allowing witnesses for the employer to listen to a tape of claimant's testimony as to sexual harassment allegedly experienced by her in the course of her employment, before those witnesses testified, gave rise to a reasonable apprehension of fabrication or tailoring of evidence. A rationale based on avoidance of embarrassment and discomfort is consistent with a rationale designed to ensure full, frank and untailored evidence of embarrassing events from both sides in what is bound to be an adversarial situation.

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