Summary of Issue: Quorum


Decision 21118 Full Text of Decision 21118

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

Employer appeals Board's decision; case heard and decided by two members of Board without consent of employer involved. Contrary to Reg. 62(5)(b). Pursuant to Section 81, case sent back for new hearing.


Decision 10665B Full Text of Decision 10665B

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

With claimant's consent, case heard by a 2-person Board. Chairman dismissed the appeal and other member allowed it. Under reg.62(5) and (6), the Chairman had a casting vote the effect of which was to make his decision the decision of the Board. No denial of natural justice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income deductible expenses

Decision 15213 Full Text of Decision 15213

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

The referees' decision was signed by only 2 referees, who were unanimous. No opinion signed by the 3rd. If he took any part in the deliberations, basis for dissent would be helpful. In any event, the 2 referees constitute the majority.


Decision 13133 Full Text of Decision 13133

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

Refer to: A-0244.87


Decision A-0244.87 Full Text of Decision A-0244.87

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

The decision of the Board in this matter violated a principle of natural justice in that one of the members of the Board who participated in the decision was absent during a substantial part of the hearing.


Decision 14248 Full Text of Decision 14248

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

Issue: misconduct. Claimant argues conflict of interest by a 2-person Board who may favour management as labour representative withdrew. Claimant consented to a hearing in front of a 2-man Board and cannot now complain without some evidence of bias.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct damages
umpires grounds of appeal capricious finding req'd

Decision 13079 Full Text of Decision 13079

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

In instant case, no consent given by claimant authorizing board to hold hearing with only 2 members. Decision of board is therefore void and of no effect and claimant's appeal is allowed.


Decision 12831 Full Text of Decision 12831

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

One Board member disqualified himself. One member agreed with the Commission and found claimant not entitled. One member found claimant entitled. "Majority decision" that claimant was not available is maintained.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions labour market information
availability for work job search as a requirement

Decision 12095 Full Text of Decision 12095

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

Case heard by 2 members and decision signed by 3 of them. Whoever decides must also have heard and attended the appeal. The claimant was entitled to present his appeal before a duly constituted board of at least 3 referees.


Decision A-0439.81 Full Text of Decision A-0439.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board quorum
Summary:

Reg. 62(5) allowing board to be composed of only 2 members is valid. CEIC had the power to make regulation under 91(5). Quorum is minimum number of members who must be present in order for decision to be valid.

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