CUB 51466
Heard on the record at Halifax, Nova Scotia on April 17, 2001.
IN THE MATTER of the Employment Insurance Act
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IN THE MATTER of a claim for benefits by
JUANITA DOMINGO
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IN THE MATTER of an appeal by the claimant to the Umpire from the decision of
a Board of Referees rendered at Burnaby, British Columbia on October 2, 2000.
D E C I S I O N
W.J. GRANT, UMPIRE:
This is an appeal by the claimant from the unanimous decision of a Board of Referees given at Burnaby, British Columbia on October 2, 2000 dismissing the claimant's appeal from the decision of the Insurance Officer that she voluntarily left her employment without just cause.
This appeal by the claimant is under Section 115.2(b) and (c) of the Employment Insurance Act.
The decision of the Board, Exhibit 34-1, indicates that the hearing was recorded. On that basis the claimant, in a letter to the Commission, asked for a copy of the tape. She stated "I require the tape to prepare for my appeal to the Umpire." She enclosed a blank tape for the Commission to use.
The Commission responded, in a letter dated March 15, 2001, stating "We were unable to send a copy of the tape as it appears the Board of Referees forgot to turn on the tape recorder as the tape is blank."
One of the safeguards for a claimant, a Board, the Commission and all persons involved is the fact that a hearing is taped. Any breach of natural justice during the course of a hearing can be detected on the tape and, of course, the progress of the hearing.
In this instance the room was set up apparently with the tape and the hearing proceeded on the basis that the hearing was taped.
The claimant now asks for a copy of the tape in order to prepare for the hearing before the Umpire.
It is not necessary to tape a hearing although it is a great safeguard to all concerned, especially the public, as it is in itself self-monitoring. Perhaps a claimant does not have the right to have a hearing taped. However when a claimant is given the assurance that a hearing is to be taped, and all the processes are gone through as if it was taped, and the claimant requests a copy of the tape to be used in his/her appeal then a great disservice has been done to a claimant if no tape exists.
I am sure the fact that the tape was not turned on was inadvertent. I am sure all the members of the Board and the claimant felt that the taping was taking place. However in fact it did not.
I grant the appeal on the basis of a denial of natural justice. I direct the matter be reheard by a newly constituted Board.
I direct that the decision of this Board not be included in the file when it goes to the next Board.
I therefore grant the appeal.
This appeal was heard on the record and included observations by the claimant and representations by the claimant as well as observations by the Commission.
" W.J. Grant"
W.J. Grant
This appeal was heard on the record
with the consent of the parties
Dated at Halifax, Nova Scotia
April 20, 2001