Summary of Issue: Evidence New


Decision 26146 Full Text of Decision 26146

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Long document filed on behalf of employer at the hearing. Claimant taken by surprise. The Board informed her that she could request an adjournment or appeal later to the Umpire. This was misleading. It was not an option which she could reasonably pursue. Appeals to Umpire are restricted to s. 80.


Decision 25228 Full Text of Decision 25228

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Reliance on a document transmitted to the Board by a former employer on the date of the hearing is totally unfair. The claimant should always be given an opportunity to be aware of the evidence and be provided with sufficient time to attempt to refute its content.


Decision 22147 Full Text of Decision 22147

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

At one point during the hearing, claimant's representative attempted to introduce in the record a decision by the Labour Board. Commission counsel objected to the introduction of such evidence which came to light after the Board's decision. This objection was well founded in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct union activities

Decision 21557 Full Text of Decision 21557

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Quits because of transportation problems; at hearing before the Board, alleges sexual harassment. It is clear that a Board cannot, during the procedure, especially in the absence of the parties concerned, accept such an accusation and use it as a valid reason for quitting.


Decision 20987 Full Text of Decision 20987

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

When an employer before the Board alleges facts suggesting misconduct, and those facts appear nowhere in the decision under appeal by the employer, fairness would dictate that claimant be afforded the right to make answer to those allegations before theBoard decides the outcome.


Decision 14576 Full Text of Decision 14576

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Employer sought to introduce evidence showing that employees were encouraged by management to volunteer for lay-off. The Board refused to consider this. As non-availability was based in part on the voluntary nature of lay-off, such evidence was relevant. Violation of natural justice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search incomplete information
board of referees errors in law meaning of a term
availability for work job search how to search
board of referees right to be heard employer
availability for work job search number of contacts
board of referees errors in law availability concept

Decision 13664 Full Text of Decision 13664

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

New facts presented at hearing. The board had jursidiction to adjourn the hearing to allow the Commission to resume its investigation. Rule 65 gives the chairman some latitude. The board would have erred if it had refused. [p. 7]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction adjournment of hearing
labour dispute stoppage of work existence

Decision 13599 Full Text of Decision 13599

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

The function of a Board is to decide on the evidence before it, not just on the evidence before the Commission: CUB 10546.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements contradictory

Decision 13029 Full Text of Decision 13029

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Appeal to board must be limited to reasons stated in notice of decision; if other reasons cited, board must give insured opportunity to be heard on new reasons.


Decision 12540 Full Text of Decision 12540

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

Job searches provided at hearing must be examined to see whether board should terminate finding of non-availability.


Decision 11607 Full Text of Decision 11607

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction evidence new
Summary:

The employer noted that claimant introduced new evidence at the hearing and that he was not given an opportunity to comment on it. But he admits he was given prior notice of hearing and chose not to attend. He must live with the consequences of his choice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees right to be heard employer
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