Summary of Issue: Defined


Decision 65129

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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

Decision 36555A Full Text of Decision 36555A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof errors in law rules of evidence

Decision 39518 Full Text of Decision 39518

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment relations at work foul language

Decision 38047 Full Text of Decision 38047

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
board of referees legislative authority discretionary powers

Decision 26052 Full Text of Decision 26052

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
Summary:

Refer to: A-0326.95


Decision A-0326.95 Full Text of Decision A-0326.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 2: 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: Sub-Issue 3:
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: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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: Sub-Issue 3:
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

Decision 15245A Full Text of Decision 15245A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
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
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
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
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