Summary of Issue: Hearings


Decision A-0418.97 Full Text of Decision A-0418.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Commission employees need not present themselves for cross-examination before a BOR where alleged admissions by claimants are found within notes prepared by the Commission. The BOR is entitled to make a specific finding that a claimant is a credible witness notwithstanding conflicting statements found within notes taken by Commission staff during an interview. In the end, it is the role of the BOR to determine what weight, if any, should be given to them.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
board of referees jurisdiction assess credibility duty
week of unemployment full working week
week of unemployment minor in extent
penalties proof

Decision 26564 Full Text of Decision 26564

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Counsel for the claimant objected to the presence of the Commission's investigator at the hearing. Held that the investigator was entitled to be present and that it is not abnormal for an officer of the Commisision to attend a hearing.


Decision 25210 Full Text of Decision 25210

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

At the hearing before the Board, claimant and the employer had witnesses present to support their respective versions of the events. The Board dismissed them saying it had enough evidence and did not need to hear from any witnesses other than the actual parties. This was a gross denial of natural justice.


Decision 25116 Full Text of Decision 25116

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Held that neither the Board nor the Commission are obligated to notify claimant's legal counsel of the Board's decision if counsel as not supplied the Commission with the required authorization in accordance with the Privacy and Access Act.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice notice of hearing

Decision 24974 Full Text of Decision 24974

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Claimant appeals on the grounds of breach of natural justice because he was unaware that his former employer would be present or that witnesses were permitted. He ought to have raised his concerns about the procedure and requested an adjournment. Failing this, I can see no breach of natural justice.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct criminal acts

Decision 24699 Full Text of Decision 24699

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Claimant left the course because he was frustrated with the way the course was being conducted. There is not any lack of natural justice, in the legal sense, in the Board not requiring one of the instructors to testify as claimant wished him to do. The Board has no autority to issue subpoenas.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training failure to attend leaving the course

Decision 11942 Full Text of Decision 11942

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

The employer believed that claimant divulged confidential information to competitor and dismissed her. Competitor had agreed to attend hearing but Board said it was not proper. So claimant did not have a fair hearing. New hearing ordered.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct court judgments or out-of-court settlements

Decision 11622 Full Text of Decision 11622

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

A newly appointed chairperson attended the hearing as observer and did not partake in the hearing nor in the decision-making. The evidence is that that person had no influence in the Board's decision contrary to what claimant alleged.


Decision T-1689.85 Full Text of Decision T-1689.85

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Case adjourned by Board. Study of brief compelling the chairman to request attendance of third party. Premature step. No obligation to request this attendance. Case to be heard. If there is a breach of the principles of natural justice, the Umpire could intervene.


Decision A-0247.80 Full Text of Decision A-0247.80

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Applicants, here the CEIC, have burden of showing that board erred and, in order to discharge this burden, may require that witnesses attend if they consider it necessary.

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 by telephone

Decision A-0613.77 Full Text of Decision A-0613.77

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings attendance of third party
Summary:

Board of Referees forced the claimant and his counsel to withdraw from the hearing for a CEIC employee and refused to hear the claimant’s witness. New hearing ordered to give the claimant a full opportunity to present his case and to hear all the evidence presented to the BOR.


Decision 19512 Full Text of Decision 19512

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

Claimant requested a phone hearing. Option not available in area served by Board Centre. I do not consider this to be an adequate justification. Not apparent to me why this should be impossible in Vancouver and claimant should have been informed and given option to attend.


Decision 15504 Full Text of Decision 15504

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

The hearing reconvened on 27-8-86. Both hearings were conducted by telephone. I consider that this procedure of conducting hearings by telephone is far from satisfactory and should not be followed, barring exceptional circumstances.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income in kind
earnings income between spouses

Decision 12352A Full Text of Decision 12352A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

It has now been decided by the Court of Appeal that a telephone hearing does not constitute a fair hearing before a Board. Had the Board heard him in person it might properly have decided to impose the disentitlement only from mid-March. Case referred back to Board.


Decision 13758 Full Text of Decision 13758

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

This is not reprehensible in itself and may well accommodate the parties, not to mention reducing costs, but the time must be taken to read the documents relied on.


Decision 12441 Full Text of Decision 12441

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

Misconduct and contradictory evidence. Wrongly dismissed according to Labour Board. Where credibility is involved, telephone hearings are not satisfactory. Here, the 2 protagonists were present. With reluctance, I find there must be a hearing in person. There is no doubt that Boards are entitled to conduct their hearings in a variety of ways, including by telephone conference. In some circumstances a fair hearing will require a hearing in person. Such a case arises when the credibility of claimant or others is really in issue.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct proof

Decision 12431 Full Text of Decision 12431

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

I am not criticizing the use of telephone hearings but how can anyone assess the credibility of a witness, whether or not to accept his statement that he did not receive a letter, without seeing him in person.


Decision 12430 Full Text of Decision 12430

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

I am not making any general rule that there must always be a hearing with claimant personally present. But where there are serious questions of dispute apparent on the face of the record, the Board should give serious consideration about dispensing withtelephone hearings. [p. 5]


Decision 12351 Full Text of Decision 12351

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

In this case, the procedure used [telephone hearing] was most unsatisfactory. The decision depended largely on credibility. The positions taken were completely opposite. A tribunal could only decide by hearing and seeing the protagonists in person.


Decision 12343 Full Text of Decision 12343

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

One problem is that the Board of Referees does not see the claimant in person and is not affected by the claimant's personality or argument. One cannot judge people by the sound of their voice. Much better an eye-ball to eye-ball meeting.


Decision 12352 Full Text of Decision 12352

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

It is strange that Umpires are willing to sit at places of convenience to claimants while the Commission or Boards do not always do that.


Decision 12220 Full Text of Decision 12220

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

Question at issue: penalty. This is unfortunate in that the test of credibility of a claimant, the give and take of an enquiry having all the parties in personal attendance were ingredients which the Board had, of necessity, to do without. [p. 4]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties rationale
penalties proof need for an explanation

Decision 11940 Full Text of Decision 11940

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings by telephone
Summary:

I have no hesitation in saying that board did not not fail to observe principles of natural justice even though hearing held by telephone. Use of telephone did not alter fairness of hearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined
basic concepts insurability minimum insurable
reconsideration of claim factual cases record of employment erroneous

Decision 13092 Full Text of Decision 13092

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings city
Summary:

The claimant contends that she was not well served by having appeal heard in Hamilton. Board members not sensitive to local conditions of a community such as Bearskin Lake. This point is well taken. This is the reason for having local Boards hear appeals.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice defined

Decision 29357 Full Text of Decision 29357

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings person having immediate interest
Summary:

Whether employer has an immediate interest under reg. 69(6). If claimant alleges harassment, dangerous conditions or illegal practices, the employer's interest is obvious. Where, as here, claimant relies on a health problem, the employer's interest is neither immediate nor direct and I so rule.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction adjournment of hearing

Decision A-0332.04 Full Text of Decision A-0332.04

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

The Umpire had concluded that failure to properly record the hearing before a BOR was a violation of a principle of natural justice. The Court concluded that an Umpire has to consider whether the written record was sufficient to enable him to determine the appeal.


Decision A-0238.03 Full Text of Decision A-0238.03

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

The Court found that the failure to provide the claimant with a copy of the tape of the BOR proceedings does not necessarily mean that there has been a breach of natural justice. It stated that the Umpire erred in law by failing to consider whether the written record is sufficient to allow for a determination of the matter.


Decision 58006A Full Text of Decision 58006A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Refer to summary indexed under FCA A-0332.04


Decision 54497A Full Text of Decision 54497A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Refer to summary indexed under FCA A-0238.03


Decision A-0460.00 Full Text of Decision A-0460.00

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Claimant argued that a recording is a transcript within the meaning of the Regulations, and that a reproduction of the exchanges at the hearing of the case by the BOR should be in the appeal file. The Umpire ruled that the two terms did not mean the same thing, and that if there had been no recording at the time of the hearing, there consequently could not be any transcript of the testimonies. Application for judicial review summarily dismissed by the FCA.


Decision 48388 Full Text of Decision 48388

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

See summary indexed under FCA A-0460.00


Decision 38175 Full Text of Decision 38175

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

A portion of the content of the original cassette was missing and part of the proceedings before the Board of Referees was not recorded. Umpire believes it would contravene the principles of natural justice to hand down a decision without having complete evidence of what occurred before the Board. Under the circumstances, a new Board should be held so that, on an appeal, an Umpire has on hand complete evidence of the proceedings.


Decision 34664 Full Text of Decision 34664

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Claimant's representative requested a copy of the tape hearing before the Board. Tape lost and legal counsel wanted case referred to a new Board. Umpire stated that claimant was not prejudiced by not having the recording and received a fair hearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards legal costs

Decision 29199 Full Text of Decision 29199

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Board's decision partly based on a statement that claimant categorically denies having made at the hearing. In the absence of a tape, he cannot have the oral evidence reviewed to verify his position. As in CUB 26426, this vitiates the possibility of a fair hearing of this appeal.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct refusal to work overtime

Decision 27351 Full Text of Decision 27351

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

One of the basic principles of natural justice in circumstances such as this is to preserve the tapes of proceedings before the Board until the expiry of the appeal period. As soon as an appeal is filed, the tapes should be made available to the claimant, if requested. Here, he requested them. It is a violation of a basic principle of natural justice to deny the claimant access to the tapes when he has been asked and gave his permission to tape the proceedings and when he made a specific request for the resulting tapes.


Decision 26426 Full Text of Decision 26426

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Tapes kept up to 1 year from the appeal date. Claimant's notice of appeal was received by Commission one month after the Board's ruling. From that day forward, the record, including the tapes, should have remained intact. Their absence vitiates the possibility of a fair and proper hearing.


Decision 23880 Full Text of Decision 23880

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

The Commission has destroyed the tape of the oral proceedings before the Board. Thus, it is impossible to know what oral evidence was given. Since this is a Commission appeal and it is the Commission which destroyed the tape, I think that is sufficient reason to dismiss the Commission's appeal.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings vacation pay trust fund

Decision 22610 Full Text of Decision 22610

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

While his assertions regarding the turning off of the tape recording device could leave the impression that the Board had refused to hear relevant evidence, an appellant must do more than make a general statement. He must bring forward examples of relevant evidence that the Board refused to hear.


Decision 20780 Full Text of Decision 20780

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Denial of natural justice alleged because the proceedings were not taped. No such legal requirement. It is certainly desirable that they be taped. I cannot comprehend why the Board would refuse claimant to make his own recording. But this does not amount to reviewable error.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate misinformation from Commission

Decision 20432 Full Text of Decision 20432

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Appeal deals solely with unfounded refusal of Board's president to allow the recording of case. In CUB-19785, the question was simply brought to CEIC's attention without making it into a valid reason for appeal. I intend adopting the same attitude in this case.


Decision 18459A Full Text of Decision 18459A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Claimant's counsel objected to proceeding with the appeal because of the lack of a transcript. This objection is without merit. There is no requirement on the part of Boards to take or make verbatim records of their hearings.


Decision 17929 Full Text of Decision 17929

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Rules of natural justice or fairness allegedly violated. Those are serious allegations not lightly dismissed. As has been noted in other cases, it is unfortunate that some means of recording or transcription is not kept of Board hearings so as to betterjudge such allegations.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability request for information

Decision A-0078.89 Full Text of Decision A-0078.89

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

States he testified at the hearing and evidenced that the information on file was erroneous. All we know is what the Board reported. In the absence of a transcript or other evidence, the Umpire could conclude that the Board accurately reported what transpired at the hearing.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment proof
umpires grounds of appeal without regard for material

Decision 16177 Full Text of Decision 16177

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Refer to: A-0078.89

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment proof
umpires grounds of appeal without regard for material

Decision 16107 Full Text of Decision 16107

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Claimant argues that one member was very biased. Since no recording or transcripts are kept of Board hearings, it is very difficult for an Umpire to find out what happened. Here, claimant chose not to appear before me. Invalidity of decision not established.


Decision 15216 Full Text of Decision 15216

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

As I have said before, in the absence of transcripts being kept of Boards hearings, the only evidence I have as to what went on in that forum is that placed before me by claimant and her representative. I have no reason to doubt that evidence. It is entirely credible.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
board of referees right to be heard improper hearing
penalties proof need for an explanation
board of referees weight of statements by telephone
voluntarily leaving employment relations at work unhappy atmosphere

Decision 13820 Full Text of Decision 13820

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

The Commission should adopt the practice of recording proceedings before the Boards. Written transcripts not necessary but some sort of typed or video-taped record could be made.

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 natural justice free of bias

Decision 11317A Full Text of Decision 11317A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

Since no transcripts are kept of proceedings before the referees the only evidence of what occurs at those proceedings is that attested to by persons who were there: in this case, the claimant and his counsel.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment real estate salespersons
board of referees observations from the Commission

Decision 12573 Full Text of Decision 12573

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees hearings tape-recording
Summary:

I cannot agree that the refusal by the Board to allow the proceedings before it to be tape-recorded amounted to a denial of fair hearing. I do not understand why permission was refused. Under reg. 64(6), the Chairman determines the procedure.

Date modified: