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 |
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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 |
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| 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 |
|
