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 |
|
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| misconduct |
union activities |
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| misconduct |
change in duties |
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