CUB 58184

KRINDLE, Hon.

The claimant appeals a decision of the board of referees which determined that she had voluntarily left her employment without just cause. The board found nothing in the employer's treatment of the claimant that would amount to just cause within the meaning of the act.

The claimant, in her material, made certain very specific allegations against the employer which allegations, if proven, could well amount to just cause. Those specific allegations were not dealt with by the board in its reasons.

The claimant asked, during the hearing before the board, to have the employer excluded from the hearing room. The board advised that it could not do so. The claimant stated on appeal that she was not able to speak to the board about her problems in the face of everyone there on behalf of the employer. Present before the board on behalf of the employer, and in the hearing room during the claimant's testimony, were: Grace Pearson, the president of the employer; Paul Popov, the branch manager of the employer; and, by telephone, Lorraine Hally, the Director of Human Resources and Administration.

The employer has a right to be represented before the board of referees. That does not give the employer the right to have three representatives of management present in the room when the claimant indicates that she feels intimidated by, and has difficulty in testifying in the presence of, so large an assembly. A single representative of the employer during the testimony of the claimant would have been a reasonable accommodation to the situation and the request.

The appeal is allowed. The matter is returned to a new board of referees. The reasons of the board of referees, Ex 18 of the docket, shall be removed from the docket.

Ruth Krindle

UMPIRE

OTTAWA, Ontario
September 1st, 2003