Summary of Issue: Employer

Decision T-2369.95 Full Text of Decision T-2369.95

Claimant's appeal as to her disqualification for misconduct allowed. Twice the employer requested a new hearing which was granted by the BOR. Claimant filed an application for a writ of prohibition to stop the third hearing. The FCA recognized the BOR' jurisdiction to reopen the hearing but found that the employer had been given a reasonable opportunity to be heard. The FCA found however that in the particular circumstances of the case, such an excess of litigation was unreasonable and imposed hardship upon the claimant.

Decision 17139 Full Text of Decision 17139

The Board grants the appeal on misconduct because of the absence of the employer. The latter had not been duly notified of the hearing. Denial of justice since he had the right to be present and be heard.

Decision 14576 Full Text of Decision 14576

Employer sought to introduce evidence showing that employees were encouraged by management to volunteer for lay-off. The Board refused to consider this. As non-availability was based in part on the voluntary nature of lay-off, such evidence was relevant. Violation of natural justice.

Decision 11607 Full Text of Decision 11607

The employer noted that claimant introduced new evidence at the hearing and that he was not given an opportunity to comment on it. But he admits he was given prior notice of hearing and chose not to attend. He must live with the consequences of his choice.