IN THE MATTER of the Employment Insurance Act
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IN THE MATTER of a claim for benefits by
DARREN NOVAKOVSKI
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IN THE MATTER of an appeal by the Claimant to an
Umpire from a decision by the Board of Referees given
at Nanaimo, British Columbia, on May 21, 2002.
DECISION ON THE RECORD
THE HONOURABLE MR. JUSTICE W.J. HADDAD, Q.C., UMPIRE:
The claimant filed this appeal and has elected not to appear before the Umpire. He has requested instead that the Umpire make a decision based upon the factual evidence on his claim file. The claimant was employed in Qualicum Beach, British Columbia and he was denied unemployment insurance benefits by the Employment Insurance Commission on the ground he voluntarily left is employment without just cause. He appealed to the Board of Referees. The Board hearing claimant's appeal convened in Nanaimo, British Columbia after the claimant moved his residence from Parksville, B.C. to Calgary, Alberta. As a consequence thereof, the question arises as to whether claimant was afforded the opportunity to make an appearance before the Board in person as opposed to his appearance by telephone.
The claimant's ground of appeal is expressed in his letter of appeal to the Umpire. He said:
"I am forwarding this letter to you in regards to case number 02-0065 at which I am making a second level appeal to the Umpire regarding the decision of my first appeal towards my case. The grounds in which I am making my second appeal are those of, I feel, my hearing was impartially heard. Only being allowed to answer questions with just a simple yes or no and being unable to elaborate placed myself in a position which I was unable to present my case in the best manner and allowing the board to draw conclusions on its own without fully understanding the circumstances which led to the departure of my previous job."I have decided to remit this matter back to a Board of Referees for re-hearing and re-determination for two reasons. Firstly, the claimant's appeal to a Board of Referees should have been referred to a Board convened in the Calgary area to allow the claimant the opportunity to make a personal appearance. Secondly, the claimant's complaint regarding the manner in which the Board of Referees conducted the hearing of his appeal gives me concern.
I allow the appeal and direct that the appeal to a Board of Referees be re-scheduled for hearing at a hearing centre within the area of claimant's residence to give him the opportunity to appear in person and that he be allowed a reasonable opportunity to present his submission. Moreover, I counsel the claimant to direct his presentation to the issue without undue repetition.
The decision of the Board of Referees of May 21, 2002, will be removed from the docket.
Appeal allowed accordingly.
"W.J. Haddad"
W.J. Haddad, Q.C. - Umpire
Dated at Edmonton, Alberta,
January 2, 2003.