IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
ALLEN V. BAILEY
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IN THE MATTER of an appeal to an Umpire by the Employer, Perimeter Concrete Ltd. from a decision by the Board of Referees given on April 17, 2002, at Winnipeg, Manitoba
DECISION
KRINDLE, Hon.
The employer appeals a decision of the Board of Referees finding that the claimant did not lose his employment by reason of his own misconduct and thereby was disqualified from receiving benefits. The employer did not attend before the Board of Referees. In the letter accompanying the employer's Notice of Appeal the employer has put forth numerous facts that were not before the Board of Referees, all of which were known to the employer at the time of the hearing before the Board of Referees. The employer gives as its only reason for not attending the hearing below the following:
"We did not attend the appeal to the Board of Referees as we felt that HRCC had all the facts and the case was clear-cut. On the morning of April 17, 2002 we received a copy of a submission made by Terry Risebey on behalf of Mr. Bailey. This submission was dated April 12, 2002. If the Board of Referees read and believed this submission we agree that they ruled correctly. However, this submission bears little resemblance to the truth...."
The evidence sought to be introduced by the employer at the stage of the hearing before the Umpire is not admissible as new evidence. It was available to the employer at the time of the hearing before the Board. The employer had notice of the hearing before the Board and chose not to attend. It would improper for me to receive the evidence at this stage.
I will deal with the substantive issues on appeal within the appeal of the Commission. The employer's appeal is dismissed.
Ruth Krindle
UMPIRE
OTTAWA, Ontario
February 10, 2003