Judges often emphasize that "Justice must not only be done, but must be seen to be done." Board members are in a position of public trust. They must always be aware of possible conflict of interest and remove themselves from any hearing where there is, or appears to be, a conflict of interest.
Chairpersons and Board members should not sit on a case in which they are or were a representative of the claimant or the employer. Members should not sit on a case that may affect them, or one in which they have taken part on behalf of an association, a claimant, an employer or a witness. Also, if chairpersons or members consider themselves biased or if there could be a perception of bias due to a personal or business relationship, it is their responsibility to withdraw from the case and notify the Board Assistant, who will endeavour to find a replacement. The decision remains at the discretion of the individual Board member, although principles of natural justice must be borne in mind. Any member in a conflict of interest should withdraw from the hearing of the particular case.
Interested parties to the appeal can object to the sitting of a particular Board member on the grounds specified in subsection 78(2) of the Regulations Employment Insurance Regulations. For example, if a chairperson or member has taken part in events leading to the Commission's decision, the appellant may allege that the chairperson or member is ineligible. It is then the decision of the chairperson or the Board member to withdraw or to remain to hear the case.
It is possible that during their term on the Board of Referees, chairpersons or panel members could themselves become unemployed and begin to claim employment insurance benefits. This situation does not, by itself, constitute a conflict of interest.
Board members should note, however, that remuneration received from sitting on the Board of Referees constitutes earnings for employment insurance benefit purposes. Remuneration from sitting on the Board should therefore be declared on the bi-weekly reporting cards which the chairperson or member would have to complete in relation to their claim for EI benefit.
The overriding principle is that “a public office holder should not participate in a political activity where it may reasonably be seen to be incompatible with the public office holder's duty, or reasonably seen to impair his or her ability to discharge his or her duties in a politically impartial fashion, or would cast doubt on the integrity or impartiality of the office.”
Members of a quasi-judicial body, such as EI Boards of Referees, should generally not participate in political activities. However, the following activities are permissible and do not automatically require resignation:
You must notify the appointing EI Commissioner (members) or the Director of EI Appeals (Chairs) if you intend to pursue any of the following activities:
You will need to take a leave of absence from the Board of Referees for the duration of your political involvement in these activities.
If you are elected to political office, either provincially or federally, you will need to resign your position on the Board of Referees. Board Chairs may be required to resign on election to other levels of office as well, so contact with the Director of EI Appeals is necessary.
2009-08-04