Decision A-0332.04
Full Text of Decision A-0332.04
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| board of referees |
hearings |
tape-recording |
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Summary:
The Umpire had concluded that failure to properly record the hearing before a BOR was a violation of a principle of natural justice. The Court concluded that an Umpire has to consider whether the written record was sufficient to enable him to determine the appeal.
Decision A-0238.03
Full Text of Decision A-0238.03
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| board of referees |
hearings |
tape-recording |
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Summary:
The Court found that the failure to provide the claimant with a copy of the tape of the BOR proceedings does not necessarily mean that there has been a breach of natural justice. It stated that the Umpire erred in law by failing to consider whether the written record is sufficient to allow for a determination of the matter.
Decision 58006A
Full Text of Decision 58006A
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| board of referees |
hearings |
tape-recording |
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Summary:
Refer to summary indexed under FCA A-0332.04
Decision 54497A
Full Text of Decision 54497A
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| board of referees |
hearings |
tape-recording |
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Summary:
Refer to summary indexed under FCA A-0238.03
Decision A-0460.00
Full Text of Decision A-0460.00
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| board of referees |
hearings |
tape-recording |
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Summary:
Claimant argued that a recording is a transcript within the meaning of the Regulations, and that a reproduction of the exchanges at the hearing of the case by the BOR should be in the appeal file. The Umpire ruled that the two terms did not mean the same thing, and that if there had been no recording at the time of the hearing, there consequently could not be any transcript of the testimonies. Application for judicial review summarily dismissed by the FCA.
Decision 48388
Full Text of Decision 48388
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| board of referees |
hearings |
tape-recording |
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Summary:
See summary indexed under FCA A-0460.00
Decision 38175
Full Text of Decision 38175
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| board of referees |
hearings |
tape-recording |
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Summary:
A portion of the content of the original cassette was missing and part of the proceedings before the Board of Referees was not recorded. Umpire believes it would contravene the principles of natural justice to hand down a decision without having complete evidence of what occurred before the Board. Under the circumstances, a new Board should be held so that, on an appeal, an Umpire has on hand complete evidence of the proceedings.
Decision 34664
Full Text of Decision 34664
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| Issue: |
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| board of referees |
hearings |
tape-recording |
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Summary:
Claimant's representative requested a copy of the tape hearing before the Board. Tape lost and legal counsel wanted case referred to a new Board. Umpire stated that claimant was not prejudiced by not having the recording and received a fair hearing.
other summary
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| earnings |
awards |
legal costs |
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Decision 29199
Full Text of Decision 29199
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| board of referees |
hearings |
tape-recording |
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Summary:
Board's decision partly based on a statement that claimant categorically denies having made at the hearing. In the absence of a tape, he cannot have the oral evidence reviewed to verify his position. As in CUB 26426, this vitiates the possibility of a fair hearing of this appeal.
other summary
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| misconduct |
refusal to work overtime |
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Decision 27351
Full Text of Decision 27351
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| board of referees |
hearings |
tape-recording |
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Summary:
One of the basic principles of natural justice in circumstances such as this is to preserve the tapes of proceedings before the Board until the expiry of the appeal period. As soon as an appeal is filed, the tapes should be made available to the claimant, if requested. Here, he requested them.
It is a violation of a basic principle of natural justice to deny the claimant access to the tapes when he has been asked and gave his permission to tape the proceedings and when he made a specific request for the resulting tapes.
Decision 26426
Full Text of Decision 26426
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| board of referees |
hearings |
tape-recording |
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Summary:
Tapes kept up to 1 year from the appeal date. Claimant's notice of appeal was received by Commission one month after the Board's ruling. From that day forward, the record, including the tapes, should have remained intact. Their absence vitiates the possibility of a fair and proper hearing.
Decision 23880
Full Text of Decision 23880
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| board of referees |
hearings |
tape-recording |
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Summary:
The Commission has destroyed the tape of the oral proceedings before the Board. Thus, it is impossible to know what oral evidence was given. Since this is a Commission appeal and it is the Commission which destroyed the tape, I think that is sufficient reason to dismiss the Commission's appeal.
other summary
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| earnings |
vacation pay |
trust fund |
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Decision 22610
Full Text of Decision 22610
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| board of referees |
hearings |
tape-recording |
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Summary:
While his assertions regarding the turning off of the tape recording device could leave the impression that the Board had refused to hear relevant evidence, an appellant must do more than make a general statement. He must bring forward examples of relevant evidence that the Board refused to hear.
Decision 20780
Full Text of Decision 20780
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| board of referees |
hearings |
tape-recording |
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Summary:
Denial of natural justice alleged because the proceedings were not taped. No such legal requirement. It is certainly desirable that they be taped. I cannot comprehend why the Board would refuse claimant to make his own recording. But this does not amount to reviewable error.
other summary
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| antedate |
misinformation from Commission |
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Decision 20432
Full Text of Decision 20432
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| board of referees |
hearings |
tape-recording |
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Summary:
Appeal deals solely with unfounded refusal of Board's president to allow the recording of case. In CUB-19785, the question was simply brought to CEIC's attention without making it into a valid reason for appeal. I intend adopting the same attitude in this case.
Decision 18459A
Full Text of Decision 18459A
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| board of referees |
hearings |
tape-recording |
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Summary:
Claimant's counsel objected to proceeding with the appeal because of the lack of a transcript. This objection is without merit. There is no requirement on the part of Boards to take or make verbatim records of their hearings.
Decision 17929
Full Text of Decision 17929
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| board of referees |
hearings |
tape-recording |
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Summary:
Rules of natural justice or fairness allegedly violated. Those are serious allegations not lightly dismissed. As has been noted in other cases, it is unfortunate that some means of recording or transcription is not kept of Board hearings so as to betterjudge such allegations.
other summary
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| availability for work |
applicability |
request for information |
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Decision 16177
Full Text of Decision 16177
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| board of referees |
hearings |
tape-recording |
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Summary:
Refer to: A-0078.89
other summary
| Other Issue(s): |
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Sub-Issue 2: |
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| week of unemployment |
proof |
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| umpires |
grounds of appeal |
without regard for material |
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Decision A-0078.89
Full Text of Decision A-0078.89
summary
| Issue: |
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| board of referees |
hearings |
tape-recording |
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Summary:
States he testified at the hearing and evidenced that the information on file was erroneous. All we know is what the Board reported. In the absence of a transcript or other evidence, the Umpire could conclude that the Board accurately reported what transpired at the hearing.
other summary
| Other Issue(s): |
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| week of unemployment |
proof |
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| umpires |
grounds of appeal |
without regard for material |
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Decision 16107
Full Text of Decision 16107
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| board of referees |
hearings |
tape-recording |
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Summary:
Claimant argues that one member was very biased. Since no recording or transcripts are kept of Board hearings, it is very difficult for an Umpire to find out what happened. Here, claimant chose not to appear before me. Invalidity of decision not established.
Decision 15216
Full Text of Decision 15216
summary
| Issue: |
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| board of referees |
hearings |
tape-recording |
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Summary:
As I have said before, in the absence of transcripts being kept of Boards hearings, the only evidence I have as to what went on in that forum is that placed before me by claimant and her representative. I have no reason to doubt that evidence. It is entirely credible.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| penalties |
knowingly |
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| board of referees |
right to be heard |
improper hearing |
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| penalties |
proof |
need for an explanation |
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| board of referees |
weight of statements |
by telephone |
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| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
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Decision 13820
Full Text of Decision 13820
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| board of referees |
hearings |
tape-recording |
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Summary:
The Commission should adopt the practice of recording proceedings before the Boards. Written transcripts not necessary but some sort of typed or video-taped record could be made.
other summary
| Other Issue(s): |
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| board of referees |
observations from the Commission |
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| labour dispute |
participation |
picket lines |
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| board of referees |
natural justice |
free of bias |
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Decision 11317A
Full Text of Decision 11317A
summary
| Issue: |
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| board of referees |
hearings |
tape-recording |
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Summary:
Since no transcripts are kept of proceedings before the referees the only evidence of what occurs at those proceedings is that attested to by persons who were there: in this case, the claimant and his counsel.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
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| board of referees |
observations from the Commission |
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Decision 12573
Full Text of Decision 12573
summary
| Issue: |
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| board of referees |
hearings |
tape-recording |
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Summary:
I cannot agree that the refusal by the Board to allow the proceedings before it to be tape-recorded amounted to a denial of fair hearing. I do not understand why permission was refused. Under reg. 64(6), the Chairman determines the procedure.
