Decision 65129
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Additional documents relevant to the case were identified after the Board hearing. The Umpire stated that the absence of documents before the Board of Referees did constitute a breach of natural justice, in that the claimant was unable to fully present his case before the Board, because the documents were missing.
Decision 64745
Full Text of Decision 64745
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Umpire stated that the employer has the right to be heard before the Board of Referees and the Board should not have refused her the right to communicate with them by telephone at the hearing. The Board in this case denied the employer a fair hearing by failing to allow her to give evidence before the Board, especially when they had been specifically requested to do so. The judge concluded that the Board's decision in this case was a denial of natural justice.
Decision 62503A
Full Text of Decision 62503A
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
That term is often misunderstood by the average person. It only refers to principles of fairness of process including the giving of adequate notice of hearings and ensuring that matters are fully and fairly heard.
Decision 42247
Full Text of Decision 42247
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Generally speaking natural justice relates to the process. Each claimant is entitled to reasonable notice of the hearing, and to have the hearing in circumstances which are impartial and which give the perception and are seen to be impartial.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
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Decision 36555A
Full Text of Decision 36555A
summary
| Issue: |
Sub-Issue 1: |
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| board of referees |
natural justice |
defined |
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Summary:
Board of Referees erred in law in agreeing to examine the employer’s evidence without informing the claimant. This is a violation of the principle of natural justice.
other summary
| Other Issue(s): |
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| proof |
errors in law |
rules of evidence |
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Decision 39518
Full Text of Decision 39518
summary
| Issue: |
Sub-Issue 1: |
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| board of referees |
natural justice |
defined |
|
Summary:
In general terms, natural justice means that the appelant is entitled to know the allegations made against him, to have ample notice of what those allegations are in order adequately to prepare for a hearing and an opportunity to appear and be heard before the tribunal and to represent himself or to be represented there.
Decision 39207
Full Text of Decision 39207
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Umpire concluded from tape of the hearing that the BOR member did adopt an accusatorial attitude. His attitude is one that would raise a reasonable apprehension of bias against the claimant, a reasonable apprehension that that BOR member had prejudged the case. This constitutes a breach of natural justice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
foul language |
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Decision 38047
Full Text of Decision 38047
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
The principles of natural justice require that a claimant be given a fair and impartial hearing before a Board whose collective mind is free from bias. It is also essential that justice not only be done but that it seen to be done.
Decision A-0730.95
Full Text of Decision A-0730.95
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
At the first hearing written representations following the Umpire's request were submitted on time but through administrative inadvertence were not brought to his attention. Umpire rendered his decision without the benefit of same. Subsequently, the representations were brought to the Umpire's attention and he rendered a second decision confirming the first without being expressly asked to do so. FCA found that the decision of the Umpire cannot stand, having failed to consider the written representations which had been requested and submitted on time, there was clearly a breach of rules of fairness or natural justice.
Decision 34820
Full Text of Decision 34820
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Claimant stated that when he arrived at the hearing the referees had made their decision already and that there was nothing for him to appeal. If true, comments unacceptable and may be a ground for sending case to new BOR as prejudgment is a gross breach of the principles of natural justice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| penalties |
reconsideration of penalty |
reduction |
|
| board of referees |
legislative authority |
discretionary powers |
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Decision 26052
Full Text of Decision 26052
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Refer to: A-0326.95
Decision A-0326.95
Full Text of Decision A-0326.95
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
The claimant alleges that she did not received the notice of hearing. She refused a new hearing before the Board and appealed to the umpire. The umpire only dealt with one of the two issues in dispute. Her refusal to attend a new hearing does not result in the loss of her right to plead denial of natural justice.
Decision 25490
Full Text of Decision 25490
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
To proceed with the hearing in the absence of the claimant is not, in itself, a breach of natural justice, as long as the claimant has received adequate notice of the hearing and was given the opportunity to attend and to present his case (CUBs 7793, 8086 and 19376).
Decision 24378
Full Text of Decision 24378
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
The employer's solicitor was present. Had claimant anticipated this, he says he would have retained his own solicitor. Neither the presence of the employer's solicitor nor the absence of a solicitor for claimant, though he might have arranged for one to attend, offend a principle of natural justice.
Decision 21407
Full Text of Decision 21407
summary
| Issue: |
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| board of referees |
natural justice |
defined |
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Summary:
Although the mere appearance of bias is sufficient for the doctrine to come into play, it must be an appearance that is clear in the eyes of a reasonable person observing events intelligently and objectively, not the impression received by a paranoiac.
(1) Was the appearance of bias noted from the attitudes and comments of the tribunal toward one of the parties? (2) is there any affiliation between one of the parties and one of the members? (3) has the tribunal decided the same matter in a similar case?
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| board of referees |
constitution of board |
member ineligible |
|
Decision 18417
Full Text of Decision 18417
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| board of referees |
natural justice |
defined |
|
Summary:
Natural justice comprises 4 rights: to attend and be heard; to be represented by counsel of choice; the full opportunity to present one's side; an impartial tribunal. What the claimant says about the quality of the hearing to be believed if no transcript unless reason to doubt.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Decision 12317C
Full Text of Decision 12317C
summary
| Issue: |
Sub-Issue 1: |
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| board of referees |
natural justice |
defined |
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Summary:
Once a sufficient notice of hearing has been given, proceeding with the hearing in the claimant's absence does not constitute a breach of the audi alterem partem rule for it is the claimant's undoubted right not to attend the hearing if such be the claimant's choice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 18231
Full Text of Decision 18231
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| board of referees |
natural justice |
defined |
|
Summary:
Natural justice consists of the right to an impartial decision-making authority, and to a fair hearing. This latter requires that a claimant receive adequate notice, be informed of the allegations against him or her, and have the opportunity to be heardand present his case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
out of canada |
|
Decision 16159
Full Text of Decision 16159
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
As is frequently the case, claimant equates the concept of natural justice with that of fairness and what he is really complaining is that the law is unfair which, even if so, would not be an issue for the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of unemployment |
|
|
| basic concepts |
benefit periods |
duration |
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Decision 15245A
Full Text of Decision 15245A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
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Summary:
I do not accept that the fact that an Umpire refers to a relevant decision which was not referred to in argument constitutes a breach of the rules of natural justice.
Decision 15316
Full Text of Decision 15316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Although one has the right to present his case and the right to hear and respond, once sufficient notice of hearing has been given, claimant's failure to appear is not a breach of rule and Board is entitled to proceed in his absence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
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| availability for work |
courses |
disentitlement not automatic |
|
Decision 14308
Full Text of Decision 14308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Essential to natural justice is the right of a party to a fair hearing which, in turn, includes the right to receive notice of time and place. By appealing to Umpire instead of rehearing by Board, claimant has in no way waived his right to a fair hearing.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
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| voluntarily leaving employment |
new employment |
not definite |
|
| board of referees |
errors in law |
decision incomplete |
various |
Decision 14242
Full Text of Decision 14242
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Claimed that board refused to hear him. After hearing his testimony, it appears to me that this ground is without merit. Not contrary to natural justice to hear a witness without accepting his version of the facts.
Decision 13396
Full Text of Decision 13396
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
A fair hearing means adequate notice, the opportunity to be heard, the right to know what is alleged against a party and the opportunity to answer, including the right to attend the hearing and to be represented, a full opportunity to present one's sideand an impartial tribunal.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
adjournment of hearing |
|
Decision 13092
Full Text of Decision 13092
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Attendance at a hearing and the right to leave a written document with the Board members is not proof that the parties were given an adequate opportunity to present their case.
It is not up to the claimant to ensure that the proceedings did not end until she was able to present her evidence. It is the responsibility of the Chairman of the Board.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
city |
|
Decision 12417
Full Text of Decision 12417
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
The concept of natural justice is of such fundamental importance that there must never be even the appearance of prejudice to the right of any claimant to make a full presentation before the Board. [p. 3]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
|
|
Decision 12014
Full Text of Decision 12014
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
It means the right of a party to a fair hearing which connotes the right to be given reasonable notice. Did not receive notification of hearing in time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
| board of referees |
errors in law |
burden of proof |
|
Decision 11940
Full Text of Decision 11940
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
These principles require adequate notice of hearing, knowledge of reasons for decision, opportunity to be heard or be represented and fair hearing without bias or preconceived opinion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
by telephone |
|
| basic concepts |
insurability |
minimum insurable |
|
| reconsideration of claim |
factual cases |
record of employment erroneous |
|
Decision 11799
Full Text of Decision 11799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Settled in METIVIER that it cannot be concluded merely from the respondent's statement that he was unable to present his views that the board did not comply with the principles of natural justice.
Decision 11656
Full Text of Decision 11656
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
The practice of the Commission to submit a copy of its observations to Board to claimant prior to hearing not followed. Such failure did not deprive her of the opportunity to be heard. Had the observations introduced new material, different considerations would apply.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
honest trial |
|
Decision 11384
Full Text of Decision 11384
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
Like most other working people, the Commission, the Board as well as Umpires work Monday through Friday; there is no obligation under the Act to set dates for hearings to suit claimants.
Decision 11149
Full Text of Decision 11149
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
These are the fundamental rules of fair procedure: (1) decision-making power allowing for no subjectivity and (2) fair hearing: adequate notice of hearing, right to know allegations and to be heard.
Decision 11018
Full Text of Decision 11018
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
In more simple terms, audi alteram partem means that no decision should be made without hearing both sides of the case. One should not be denied an opportunity to be heard, no matter how tenuous or weak his case.
Decision A-0357.81
Full Text of Decision A-0357.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
The board heard the insured and was able to consider all the essential facts at the hearing. It cannot be concluded that there was a breach of natural justice solely because he told the Umpire, for the first time, that he had not been heard as completely as he would have liked.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision A-0075.81
Full Text of Decision A-0075.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
It cannot be concluded from the mere statement by the insured that he was unable to state his views before the board that the board failed to observe the principles of natural justice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision A-0072.81
Full Text of Decision A-0072.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
Summary:
According to Umpire, natural justice demands that insured be present at hearing and be heard. Judgment reversed: fact that the board decided the case on the record alone does not amount to denial of natural justice.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
out of canada |
|
|
