Summary of Issue: Right Of Hearing

Decision A0074.09 Full Text of Decision A0074.09

The FCA held that the Umpire breached the duty of fairness owed to the claimants when he sat aside the BOR's decision without giving the claimants the opportunity to be heard. Application for judicial review allowed. Similar cases: A0072.09 and A0074.09

Decision A0590.05 Full Text of Decision A0590.05

The case involves an employer appeal against a Commission's decision that the claimant had just cause in voluntarily leaving employment. The employer argued that the absence of a recording of the proceedings before the BOR was prejudicial and requested as remedy a new hearing before a Board with all the appeal rights flowing therefrom. The Umpire gave the employer every opportunity to present her case orally including oral presentation by any witnesses if she so desired. The Court said that if there is prejudice in this case, which is far from being established by the employer who has the onus of proof in this regard, it was rectified by the procedures followed by the Umpire.

Decision A-0392.85 Full Text of Decision A-0392.85

The Umpire does not have to wait for written submissions before rendering a decision following a hearing. However, once he had accepted written notes from one of the parties, he had to wait for those of the other party or until the time allowed for submitting them had expired.

Decision 11263 Full Text of Decision 11263

Living in California and because of cost impossible to attend hearing and believed rights infringed. Nothing to justify making direction to attend under Reg. 69(5). No express application for hearing.

Decision 10740 Full Text of Decision 10740

Subsequent to the hearing, claimant made further submission in writing to the Office of the Umpire. No copy sent to the Commission. It is certainly not a proper way of proceeding. It is not appropriate for an Umpire to see any material from one party which the other party does not have.