Summary of Issue: Notice Of Hearing

Decision 42247 Full Text of Decision 42247

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.

Decision 40177A Full Text of Decision 40177A

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.

Decision 40601 Full Text of Decision 40601

Umpire held that the chairperson of the BOR is authorized by subsection 80.(7) of the EI Reg. to determine the procedure at the hearing. Reversing the normal order of presentation is not a fatal error unless it results in the denial of a fair hearing. In this case, at the conclusion of the employer's submission, the chairperson asked claimant whether he had any questions or if there was anything he wished to add and he replied no. Therefore, there was no failure to observe a principle of natural justice in this case.

Decision 37710 Full Text of Decision 37710

In granting the claimant's request to testify without the presence of the employer – an interested party in this case – the Board failed to observe a principle of natural justice. The employer was thus deprived of the legitimate opportunity to be able to respond to this testimony and was never informed of the content of the testimony, which contradicted the employer's position, until the Board's decision.

Decision 25116 Full Text of Decision 25116

Jurisprudence provides that the fact that a Board of Referees held a hearing in the claimant's absence does not constitute a violation of the "audi aletram partem" rule if claimant was notified of the date and time of hearing in a reasonable period of time, except if he can motivate his absence.

Decision 22305 Full Text of Decision 22305

He alleges that adequate notice of hearing not given, not sufficient time to prepare. The Board must give the parties a reasonable opportunity to be heard. A notice of 3 working days does not result as such in a breach of that obligation. No evidence that he was not able to make a full presentation.

Decision 19484 Full Text of Decision 19484

When claimant is not provided with notice of hearing, the decision of the Board must be considered a nullity. It is better to arrange rehearing before a different Board. If impossible, it is essential that the Board start afresh and not be limited to 'new evidence' under s.86.

Decision 19270 Full Text of Decision 19270

Notice of hearing received 4 days in advance. No breach of natural justice. Notified by letter 6 weeks earlier that appeal had been received. He wrote 2 weeks after saying he would be present. Ample time to prepare himself. In addition, he did not request an adjournment.

Decision 18738 Full Text of Decision 18738

Notice of 15-12-88 hearing date before the Board was sent on 6-12-88. Allowing for time in the mail, the claimant had less than one week's notice of the hearing. She clearly was not given adequate notice.

Decision 18652 Full Text of Decision 18652

Did not receive adequate notice of hearing. Case reheard by same Board. First decision to be treated as a nullity and case to be heard de novo. Board misled as to its powers and procedure: the CEIC submitted that the decision could not be varied unless new facts brought forward.

Decision 12317C Full Text of Decision 12317C

Held in CUB 14805 that 2 days is sufficient notice of hearing. That cannot be regarded as a settled rule, at least it cannot if the claimant be again working at the time scheduled, for such a short period quite possibly would not accord sufficient time to arrange for leave.

Decision 14805 Full Text of Decision 14805

UIC leaflet indicates that notice of hearing to be received 1 week in advance. Formal notice not received until 2_days before hearing. Nothing indicates that she was not able to make her presentation despite shortness of notice. Reg. 66(1) would appear to have been met. [p. 11]

Decision 13775 Full Text of Decision 13775

Natural justice requires that an individual be given sufficient opportunity to meet the case against him or her; that involves adequate notice. Received notice of hearing on 31-12 and case heard by Board on 2-1. Not enough time to prepare for hearing.

Decision 12583 Full Text of Decision 12583

I would also underline the importance of notice of Board hearings being sent out in adequate time to allow for some unforeseen delays and to give participants reasonable time to prepare for the hearing.

Decision 12281 Full Text of Decision 12281

The duty on decision-maker is to give sufficient notice of hearing. Once this has been done (giving time, place and character of hearing), the decision-maker is entitled to proceed in the absence of the person affected. Claimant not denied the opportunity to be heard. [p. 4]

Decision 11323 Full Text of Decision 11323

Claimant may have a quarrel with his counsel but that will have to be decided in another forum. Unless and until claimant notified the Commission that his counsel had been dismissed or refused to act, notice to counsel was notice to claimant.

Decision 10999 Full Text of Decision 10999

Claimant away on business as fisherman at time of hearing. Denial of natural justice. Essential to this is the right of a party to a fair hearing which includes right to receive reasonable notice of time and place. 11 days not enough here. Merit of caseis irrelevant.