Summary of Issue: New Facts Not Required


Decision 19484 Full Text of Decision 19484

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction new facts not required
Summary:

When claimant is not provided with notice of hearing, the decision of the Board must be considered a nullity. It is better to arrange rehearing before a different Board. If impossible, it is essential that the Board start afresh and not be limited to 'new evidence' under s.86.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim new facts authority to reexamine
board of referees natural justice notice of hearing

Decision 18652 Full Text of Decision 18652

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction new facts not required
Summary:

Did not receive adequate notice of hearing. Case reheard by same Board. First decision to be treated as a nullity and case to be heard de novo. Board misled as to its powers and procedure: the CEIC submitted that the decision could not be varied unless new facts brought forward.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board member ineligible
board of referees natural justice notice of hearing

Decision 13208A Full Text of Decision 13208A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction new facts not required
Summary:

Matter reheard by Board because claimant had not received adequate notice of hearing. The Board at 2nd hearing appeared to be under the impression that unless claimant introduced new evidence it had to uphold the Commission's decision. This approach is not authorized by the Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions wages or salary

Decision 12729A Full Text of Decision 12729A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction new facts not required
Summary:

Saying "No new evidence submitted" presupposes, in the mind of the Board, that if there is no new evidence, the Commission must be right. Not a question of new evidence; Boards must hear all evidence, whether new, old, good, bad or indifferent.


Decision 12749 Full Text of Decision 12749

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction new facts not required
Summary:

The Board considers the Commission's decision as having a prima facie validity which needs to be disproved. Such is not the case. The Board's role is to hear all the evidence and make its own independent judgment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct refusal to obey orders
misconduct union activities
misconduct change in duties
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