Summary of Issue: Requiring Or Refusing A Document

Decision 65454 Full Text of Decision 65454

The Board of Referees stated the employer failed attend the hearing and, therefore, it could not accept the documentary evidence on file. The Umpire indicated this is wrong in law. Documentary evidence is admissible, and indeed must be considered and carefully weighed by the Board, unless it has good reasons to exclude it, but it has to state its reasons for doing so.

Decision 34749 Full Text of Decision 34749

Boards actions of not accepting evidence or returning evidence to claimant, not making it part of the record, can lead to a decision being invalid because a breach of natural justice has occurred. Failure to do so however did not materially affect the outcome of the case.

Decision 26300A Full Text of Decision 26300A

The Board asked the Commission to send it the record of employment. The Commission refused indicating that the Board could not force it to file a document. References to CUB 21911 and A-78-89; deemed unnecessary for the Commission to file additional evidence.

Decision 22905 Full Text of Decision 22905

When a claimant tenders evidence (12 photographs) to a Board, the Board has an obligation to take it under consideration and make it part of the record. The Board should not be selecting from evidence which a claimant submits and keep only the part (2 photographs) which suits it.

Decision 21921 Full Text of Decision 21921

Boards should not refuse to file evidence which claimants ask to file. They may feel that the evidence tendered is not relevant. Then it is far wiser to file the material and then assess whether they will give it much weight. Otherwise there is ground for quashing the decision.

Decision 21911 Full Text of Decision 21911

The Board of Referees, an administrative tribunal, derives its powers solely from the Act and the Regulations. The Board requested that the Commission provide the complete statement, portions of which (dealing with other people) were blacked out. Nothing in the Act, nor in the Regulations authorizes the Board to obtain evidence by compulsion from the Commission.

Decision 20905 Full Text of Decision 20905

Whether an Umpire or Board has the authority to compel the production of information from third parties or even from the CEIC is not important since failure to produce the requested information can lead to a negative inference being drawn with respect to the quality of the evidence.

Decision 20829 Full Text of Decision 20829

Not having the necessary equipment to play it, the Board refused in a case of misconduct to accept as evidence a tape of disciplinary interview that claimant wanted to produce as well as a transcript of it. Strict rules of evidence not to be followed. Amatter of discretion.