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 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 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 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 |
|
|
Decision 26600
Full Text of Decision 26600
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free legal assistance |
|
Summary:
As per the Supreme Court, the failure to inform an accused of the availability of free legal services amounts to a denial of the right to counsel. I am not prepared to state that the same standards should apply in the UI context, however, the Commission could inform claimants of that possibility.
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 |
|
Decision A-0219.93
Full Text of Decision A-0219.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
instructions from umpire |
|
Summary:
Whether instructions or a mere obiter, once the Umpire concluded that claimant had not been granted the right to a hearing, he did not have to rule on any forthcoming arguments. His comments can in no way be legally binding on the Board.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
on vacation |
|
Decision 20728A
Full Text of Decision 20728A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
instructions from umpire |
|
Summary:
Refer to: A-0219.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
on vacation |
|
Decision 25419
Full Text of Decision 25419
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
length of hearing |
|
Summary:
The fact that an administrative body, faced with a busy schedule, quickly finishes a case with fairly routine facts does not create a breach of natural justice in and of itself. Provided claimant was given the opportunity to sufficiently present his case and be heard, there is no minimum time limit.
Decision A-0308.81
Full Text of Decision A-0308.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
length of hearing |
|
Summary:
It cannot be concluded that the board breached a principle of natural justice merely because it restricted the length of the hearing to 10 minutes, the appellant failed to submit evidence he was prepared to submit to the Umpire, or he was unable to cross-examine the employer, who was not called as a witness.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
| umpires |
jurisdiction |
evidence new |
|
Decision 42247
Full Text of Decision 42247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
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 |
defined |
|
Decision 40177A
Full Text of Decision 40177A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
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 |
free of bias |
|
Decision 40601
Full Text of Decision 40601
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
attendance of third party |
|
Decision 22305
Full Text of Decision 22305
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
new facts |
authority to reexamine |
|
| board of referees |
jurisdiction |
new facts not required |
|
Decision 19270
Full Text of Decision 19270
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
constitution of board |
member ineligible |
|
| board of referees |
jurisdiction |
new facts not required |
|
Decision 12317C
Full Text of Decision 12317C
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
defined |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 14805
Full Text of Decision 14805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
|
|
| voluntarily leaving employment |
health reasons |
|
|
| board of referees |
rules of construction |
intent and object |
|
| board of referees |
legislative authority |
purpose of ui system |
|
| earnings |
income |
not insurable |
|
Decision 13775
Full Text of Decision 13775
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
| board of referees |
weight of statements |
hearsay |
|
| availability for work |
applicability |
rationale |
|
| availability for work |
applicability |
definition |
|
Decision 11323
Full Text of Decision 11323
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
partial working week |
|
|
Decision 10999
Full Text of Decision 10999
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
notice of hearing |
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Summary:
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.
