In the Matter of the Employment Insurance Act,
S.C. 1996, c. 23
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In the Matter of a claim for unemployment benefits by
Robert G. Turgeon
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In the Matter of an Appeal by the Claimant
from the decision of a Board of Referees given
at Timmins, Ontario on May 10, 2002
R. C. STEVENSON, UMPIRE:
Mr. Turgeon appeals from the decision of a Board of Referees dismissing his appeal from a Commission ruling that he was disqualified from receiving unemployment benefits because he had lost his employment because of his misconduct.
As an oral hearing has not been requested the appeal is to be decided on the basis of the documents filed.
In his letter of appeal Mr. Turgeon, who has been represented throughout the proceedings by his father, makes serious allegations about the conduct of the hearing by the chairperson of the Board of Referees. The allegations, if true, would establish that Mr. Turgeon did not have an opportunity to fully present his case and that there was therefore a denial of natural justice. It is my practice, when such allegations are made, to request the tape recording of the Board hearing. I did so in this instance and have been informed that the tape is blank, apparently because of malfunctioning equipment.
In that circumstance I must allow the appeal and refer the matter back for re-hearing by a new Board of Referees. The decision of the first Board is to be removed from the record.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
December 16, 2002