IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
DERRICK KELLN
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IN THE MATTER of an appeal to an Umpire by the Claimant from the decision
of a Board of Referees given at Regina, Saskatchewan
on February 21, 2002.
The Honourable RE. Salhany, Q.C.
This appeal was heard at Regina, Saskatchewan on Wednesday, November 27, 2002. At issue on this appeal is whether the Board of Referees erred in dismissing an appeal from the decision of the Commission that found that the Appellant had lost his job due to his own misconduct and did not have enough insurable hours to qualify him for benefits.
The Appellant did not appeared personally at his hearing before the Board of Referees. His appearance was by teleconference. One of the critical issues that the Board of Referees had to decide was whether the Appellant or a co-worker had started a fight that resulted in the Appellant's firing. In a letter sent to the Office of the Umpire to be presented on this appeal, the Appellant said that the Board of Referees erred in its finding that he had admitted starting the fight. He said that he had made no such admission. Although the Appellant asked that the proceedings be taped, apparently the recording machine malfunctioned and failed to record the proceedings. Since the issue of who started the fight may have been critical to the Board's decision, the Appellant has been denied natural justice. He is unable to establish that the Board may have rendered its decision on evidence that they misunderstood.
Accordingly, the appeal must be allowed and the matter sent back to be heard by a Board of Referees differently constituted.
Dated this 9th day of December, 2002.
R.E. Salhany
Umpire
2011-01-10