Summary of Issue: Free Of Bias


Decision 51445A Full Text of Decision 51445A

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

For Board members to have discussions with one of the parties, in the absence of the other party, immediately prior to or following the hearing can only lead the absent party to believe that there can be bias against her and that the Board members could be considering evidence or submissions that she is not in a position to rebut.


Decision A-0211.01 Full Text of Decision A-0211.01

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

Suggestion was made in the FCA that the Commission had provided insights to BOR with information as to the content of questions that a claimant is required to answer on the Teledec system. This hardly satifies the fairness test. The BOR is an independent tribunal separate and apart from the Commission. Information about questions and answers specific to a particular case must be put before the BOR in that case and a claimant must know what simple question it is alleged he wrongly answered, in order that he have a fair opportunity to provide an explanation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law denial of natural justice
penalties knowingly
penalties proof documents missing

Decision 50753 Full Text of Decision 50753

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

See summary indexed under FCA A-0211.01

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law denial of natural justice
penalties knowingly

Decision 40177A Full Text of Decision 40177A

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

During the proceedings, which were held in the UI Building the Board's chairperson went to seek advice from a Commission advisor. Umpire found that there was a denial of natural justice and an apprehension of bias reflected in the Board's conduct.

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

Decision 40393 Full Text of Decision 40393

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

Clamt alleged that he had reasonable grounds to believe that the chairperson of the board had not fulfill his obligation of impartiality and had an aggressive attitude toward him during the hearing. Grounds based on fear of bias must be serious and it has to be demonstrated that natural justice has been violated. Since he refused to produce the recording of the hearing, the clmt was unable to prove that he had not received an impartial hearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work prospect of other work
availability for work job search recall or other probable employment
availability for work applicability relation with refusal of work

Decision A-0830.95 Full Text of Decision A-0830.95

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

Case involving misconduct. After Board of Referees' decision, claimant learned that the Chairperson of the Board was a notary whose services were regularly retained by the employer. Claimant alleged that the appearance of bias vitiated the Board's decision. Appeal allowed by the FCA; the Umpire had incorrectly applied criteria regarding reasonable fear of bias. New hearing required before a differently constituted Board of Referees.


Decision 25399A Full Text of Decision 25399A

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

It is not unjudicial for a presiding officer to ask tempered questions with a view to clarify and complete the facts, but a presiding officer must refrain from embarking into questioning which appears to be both in the form of cross-examination or reflecting hostility at times.


Decision 24365A Full Text of Decision 24365A

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

It is of the utmost importance that the Board not only be impartial but give the appearance of being impartial. This means that if there is any "friendly chatter" or "small talk", it must be with both parties present and involved in the conversation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct court judgments or out-of-court settlements
voluntarily leaving employment just cause harassment generalities

Decision 23573 Full Text of Decision 23573

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

The admission by the other claimant heard by the Board just before this case that other claimant had an employer-employee relationship with respect to the work done could be grounds for a reasonable apprehension of bias, given the close proximity in time and the similar factual basis.


Decision 22082 Full Text of Decision 22082

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

I have listened to the tape. The impatient, argumentative and confrontational attitude displayed by one member leads me to conclude that the whole proceeding was tainted by bias, that a reasonably well-informed person would conclude from this attitude that the panel would exercise a biased judgment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct unexcused absences from work
board of referees jurisdiction comments on conduct of hearing
board of referees errors in law statement of facts required
board of referees statement of facts as a requirement

Decision 21612 Full Text of Decision 21612

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

If she was concerned that her case was being heard in absentia before she appeared, all she had to do was raise the question with the Board. It is not unusual for Board members to examine a file to familiarize themselves with its content and the issues.This is a plus for her.


Decision 20936 Full Text of Decision 20936

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

Several manifestations of impatience and temper on the chairperson's part, coupled with his attitude and demeanor, had the effect of putting the claimant and her witnesses on the defensive and leaving them with the distinct impression that the matter had been decided in advance.


Decision 20783 Full Text of Decision 20783

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

Any bias or reasonable apprehension thereof on the part of the chairperson and Board members will suffice to taint the whole proceeding and render the decision illegal.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction reason for existence of boards

Decision 20635 Full Text of Decision 20635

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

A Board member congratulated the employer on her business and told her how his mother enjoyed her recent tour of the mill and what a fine place it was. That does not necessarily show bias but members are there to decide serious issues and there should be no appearance as to bias.


Decision 20050 Full Text of Decision 20050

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

An allegation of bias is a serious complaint for anyone to make and it must be substantiated with clear evidence. That the Board seemed unsympathetic is not surprising. Some appeals are of so obviously limited merit that a Board may not consider them worthy of much consideration.


Decision 19856 Full Text of Decision 19856

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

Signs of impatience or distraction by members not necessarily to be interpreted as bias in cases where lengthy arguments by an appellant do not stand the mildest legislative scrunity. Doctrine of reasonable apprehension to be applied in the context of the particular facts.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work absences from home out of canada

Decision 19426 Full Text of Decision 19426

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

It seems to me that the test here is whether the reasonable apprehension of bias is one that a reasonably well-informed person could properly have of biased appraisal and judgment of the issues to be determined on the part of the decision-maker.


Decision 18060 Full Text of Decision 18060

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

His oral evidence fully substantiates the allegations which appear in written form on his notice of appeal. The Board clearly had made up its mind ahead of time. It had pre-judged the claimant's case and, thus, he did not get a fair hearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment minor in extent
week of unemployment principal means of livelihood
week of unemployment rationale
penalties business

Decision 17793 Full Text of Decision 17793

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

A hostile attitude by a member raises a reasonable apprehension of bias. The mere appearance of prejudice or suggestion that one was not heard by an unbiased Board is a failure of natural justice. Claimant to be believed in the absence of a transcript.


Decision 17589 Full Text of Decision 17589

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

The fact that the Commission did not include copies of all cited jurisprudence does not amount to a denial of natural justice. If claimant wanted to fully prepare for his hearing before the Board, then he should have attended the office to garner material for his defence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income applicability

Decision 16439 Full Text of Decision 16439

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

Claimant says one member did not want to hear her any more. Principles of fairness and natural justice require that even the mere suspicion that a claimant may have been denied the right to make a full presentation before an unbiased Board is enough.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work incompatible situations family obligations

Decision 16094 Full Text of Decision 16094

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

I concur that if there is the slightest indication that there was a failure to observe a principle of natural justice, the matter should be returned to the Board.


Decision 15818 Full Text of Decision 15818

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

A litigant is entitled to have his case adjudicated by a tribunal whose mind is free from bias, not having pre-judged the matter before the appellant even sets foots in the hearing room.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability maternity leave
basic concepts disqualification length

Decision 12586A Full Text of Decision 12586A

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

Claimant noticed Commission representative speaking with Chairman. There must not be even the appearance of prejudice. Although this does not amount in any way to proof of bias, this would probably be sufficient to warrant a rehearing.


Decision 13820 Full Text of Decision 13820

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

Commission's representative continually interrupted and asked questions as though she were a Board member. Hearing terminated as a result of her direction. This is entirely improper and a breach of natural justice. [p. 14]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees observations from the Commission
labour dispute participation picket lines
board of referees hearings tape-recording

Decision 12432A Full Text of Decision 12432A

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

At the beginning of the hearing one Board member stated he agreed with the Commission. The concept of natural justice includes the right to a fair hearing. Not even the appearance of prejudice is allowed. The mere suspicion that this right was denied isenough.


Decision 13726 Full Text of Decision 13726

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

Many claimants confuse natural justice with their idea of what is "fairness" but a Board cannot avoid the application of the Regulations even if they feel the result is not fair. They have no discretion in this regard, nor has the Umpire.


Decision 13536 Full Text of Decision 13536

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

The Board erred in law when it failed to find that there had been a breach of natural justice in the treatment accorded by the Commission to the claimant: the right to have his claim processed quickly and objectively and to expect assistance as noted inthe brochure.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements clarification
availability for work job search how to search
board of referees errors in law denial of natural justice

Decision 13122 Full Text of Decision 13122

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

The claimant has an absolute right to a fair hearing, without even the appearance of bias. Where there exists any apprehension of bias, another hearing is clearly called for.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
parental benefits period payable

Decision 12756 Full Text of Decision 12756

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

Chairman discussed with Commission representative a point of the proceedings. Questions directed to the Commission representative were made in the presence of claimant who joined in the discussion. I am unable to conclude that Board did not respect the rules of natural justice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue

Decision 12699 Full Text of Decision 12699

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

There must not exist even the appearance of prejudice to the right of a claimant to make a full presentation before an unbiased Board. Not only must justice be done, it must manifestly and undoubtedly be seen to be done. Mere suspicion that such right was denied is enough.


Decision 12516 Full Text of Decision 12516

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

The Board did not act fairly. It deliberately contrived a double evidentiary standard on the question of hearsay evidence of the employer by rejecting out of hand the hearsay letter because it lacked notarization. [p. 10-11]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements hearsay
board of referees right to be heard improper hearing
umpires grounds of appeal selection of one ground
umpires grounds of appeal not a trial de novo

Decision 12280 Full Text of Decision 12280

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

Jurisdiction of a tribunal is based on strict provisions. To preserve integrity of system and compliance with law, form is as important as substance.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board change of members

Decision 12219 Full Text of Decision 12219

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

A mere apprehension of bias is not sufficient; it must be determined whether a member prejudged the issue or individual before him. [p. 6]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons business activities
earnings business returns family business
earnings farming definition

Decision 11514 Full Text of Decision 11514

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

S.80(a) contemplates a denial of natural justice by a Board in rendering its decision and cannot be taken to extend to some post-hearing discussion with the Commission about which the evidence is tenuous to say the least.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability minimum insurable

Decision 11034 Full Text of Decision 11034

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

Question of natural justice raised based upon the action of a CEIC officer in remaining in the hearing room with Board after hearings concluded. I fail to see how that action alone could support such claim, especially where the Chairman had announced the dismissal of the appeal.


Decision 10868 Full Text of Decision 10868

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

An adjournment was the only answer here because of claimant's observations that the employer's representative and the Board were in conversation for 25 minutes after the hearing and was not given any knowledge of the contents of the conversation.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct court judgments or out-of-court settlements
misconduct proof

Decision 10602 Full Text of Decision 10602

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

Very high standard of fairness required. Closer to traditional concept of judicial decision making body than administrative. Rights of claimant are being determined as a result of having made payments in UI fund. They may be essential for claimant's basic needs. [p. 13]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees observations from the Commission
sickness benefits otherwise available
board of referees jurisdiction guidelines from the Commission
umpires jurisdiction oral evidence
board of referees right to be heard improper hearing
board of referees jurisdiction independent decision-making
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