Decision 29012
Full Text of Decision 29012
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board of referees |
right to cross-examine |
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Summary:
It is argued that Commission employees and persons from whom they had obtained statements should be present at the Board hearing for cross-examination. As per CUB 12281, in admitting hearsay evidence the Board must observe the rules of natural justice but need not test it by cross-examination.
Decision 28600
Full Text of Decision 28600
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board of referees |
right to cross-examine |
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Summary:
The mere fact that the Board or the claimant were not given the opportunity to cross-examine an employer because the latter was not present at the hearing, should not be a determining factor either; see OLIVIER.
other summary
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board of referees |
weight of statements |
credibility |
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board of referees |
weight of statements |
by telephone |
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Decision 22760
Full Text of Decision 22760
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board of referees |
right to cross-examine |
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Summary:
On the issue of natural justice, the appeal has no merit. The written submissions were those of the Commission officer and he was not present to be "cross-examined" before the Board. There is no requirement for him to be present, and in fact Commission officers seldom do testify before Boards.
Decision 20939
Full Text of Decision 20939
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board of referees |
right to cross-examine |
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Summary:
It is argued that the failure to have an opportunity to cross-examine a certain person on her affidavit constituted a lack of natural justice. Cross-examination on affidavits is a discretionary matter, one seldom feasible in UI cases which must be decided summarily.
other summary
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misconduct |
improper language |
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Decision 19488
Full Text of Decision 19488
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board of referees |
right to cross-examine |
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Summary:
A hearing by a Board of Referees is not a matter of examining witnesses as in a court of law; it is an informal process designed to provide a fair opportunity for a claimant to present his case for appeal. In my view, that opportunity was provided in this case.
Decision 17649
Full Text of Decision 17649
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board of referees |
right to cross-examine |
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Summary:
Even though natural justice does not grant claimant the right to verify the truthfulness of a statement through cross-examination (see CUB-12282), the Board should have at least required the presence of a representative of the employer able to bear witness to the incidence.
other summary
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misconduct |
proof |
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Decision 16222
Full Text of Decision 16222
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board of referees |
right to cross-examine |
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Summary:
Different versions of facts relating to reasons for dismissal were presented. While it might have been more helpful if a representative of the employer had been present in order to assist the Board, there is no requirement that this be done.
other summary
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board of referees |
jurisdiction |
reason for existence of boards |
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board of referees |
weight of statements |
hearsay |
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board of referees |
jurisdiction |
assess credibility |
duty |
Decision 12732
Full Text of Decision 12732
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board of referees |
right to cross-examine |
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Summary:
I would think that claimant should be entitled to cross-examine the officer of the Commission who writes up a report that is so damaging as to cut benefits. Was not permitted to do so. Case referred back to the Board.
Decision 12683
Full Text of Decision 12683
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board of referees |
right to cross-examine |
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Summary:
Surprised at the procedure adopted by Board: claimant gave evidence and was asked to leave, then employer came in and gave evidence. No opportunity given claimant to ask questions of employer or give rebuttal evidence. Entitled to cross-examine witness called.
Decision 12281
Full Text of Decision 12281
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board of referees |
right to cross-examine |
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Summary:
Reg. 64(6) provides that the procedure at a hearing before a Board is to be determined by the Chairman. A Board is master of its own procedure. It must observe the rules of natural justice but this does not mean that hearsay evidence must be tested by cross-examination. [p. 5-6]
other summary
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board of referees |
natural justice |
notice of hearing |
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board of referees |
weight of statements |
hearsay |
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availability for work |
applicability |
rationale |
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availability for work |
applicability |
definition |
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Decision 11004
Full Text of Decision 11004
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board of referees |
right to cross-examine |
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Summary:
Claimant not allowed to be present when former employer made statements to the Board concerning the dismissal. Employer not present when claimant gave evidence. This is a most irregular way of proceeding and failing rare circumstances must be viewed as a denial of a fair hearing.
Decision A-0437.81
Full Text of Decision A-0437.81
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board of referees |
right to cross-examine |
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Summary:
Breach of natural justice, according to Umpire, in that insured attended before the board alone and could not question the official who had interviewed him. Decision set aside: cannot be concluded from this fact that decision vitiated by one of the errors set out in s. 80.
other summary
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umpires |
grounds of appeal |
natural justice and error in law or in fact |
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Decision A-0308.81
Full Text of Decision A-0308.81
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board of referees |
right to cross-examine |
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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
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board of referees |
natural justice |
length of hearing |
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umpires |
jurisdiction |
evidence new |
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Decision A-0247.80
Full Text of Decision A-0247.80
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board of referees |
right to cross-examine |
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Summary:
According to Umpire, evidence in record that was obtained by telephone is inadmissible, as those persons coudl nto be questioned either by the board or by the judge. Judgment reversed. Judge must consider all the evidence before him, including evidence filed under Reg. 68.
other summary
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Sub-Issue 1: |
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Sub-Issue 3: |
board of referees |
weight of statements |
by telephone |
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board of referees |
hearings |
attendance of third party |
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