Summary of Issue: Evidence New

Decision 26146 Full Text of Decision 26146

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

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

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.

Decision 21557 Full Text of Decision 21557

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

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

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.

Decision 13664 Full Text of Decision 13664

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]

Decision 13599 Full Text of Decision 13599

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

Decision 13029 Full Text of Decision 13029

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

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

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.