In the Matter of the Employment Insurance Act
and
In the Matter of a claim for unemployment benefits by
Jonathan Dollar
and
In the Matter of an Appeal by Kerrisdale Paint & Decorating Centre, an employer, from the decision of a Board of Referees given at Burnaby, British Columbia on June 3, 2003
DECISION
R. C. STEVENSON, UMPIRE:
Mr. Dollar's employer, Kerrisdale Paint & Decorating Centre (Benjamin Moore Paints) appeals from the decision of a Board of Referees allowing Mr. Dollar's appeal from a ruling of the Commission that he was disqualified from receiving unemployment benefits because he had voluntarily left his employment without just cause.
No oral hearing having been requested the appeal is to be decided on the basis of the documents filed.
The principal ground asserted by Mr. Dollar as giving him just cause to leave his employment was excessive overtime work which is one of the specific circumstances the Employment Insurance Act flags for consideration in determining a just cause issue. There were also allegations of working conditions that caused Mr. Dollar both physical and mental stress.
The Board of Referees had before it the written representations of both Mr. Dollar and the employer. It heard Mr. Dollar's oral representations. The employer did not attend the hearing. The Board of Referees found the "direct information provided by Mr. Dollar to be credible compared to the indirect information provided by the employer." It concluded that, having regard to all the circumstances, Mr. Dollar had just cause to leave the employment.
The employer has submitted additional evidence including time sheets, etc. That is evidence that could, and should, have been presented to the Board of Referees. It is not admissible at this stage of the appeal process. If an employer disputes a claimant's allegations, in a case of disqualification for either misconduct or voluntary leaving without just cause, but elects not to participate in the hearing before the Board of Referees it runs the risk that the Board of Referees will accept the claimant's oral evidence. That is what happened here.
I cannot find that the Board of Referees erred in law or in principle or that it based its decision on any erroneous finding of fact.
The employer's appeal is dismissed.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
December 12, 2003