IN THE MATTER OF THE Employment Insurance Act
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IN THE MATTER OF a claim for benefit by
James WOLFENBER
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IN THE MATTER of an appeal to an Umpire by the claimant from a decision of the Board of Referees given on April 1, 2005 at Burnaby, British Columbia
DECISION
SNIDER, J.
[1] Mr. James Wolfenber appeals a decision of a board of referees (the "Board") dated April 1, 2005. In its decision, the Board dismissed Mr. Wolfenber's appeal of a decision of the Employment Insurance Commission (the "Commission"). The Commission had denied Mr. Wolfenber's claim to benefits pursuant to the Employment Insurance Act (the "Act") on the basis: (a) that his loss of employment was as a result of his own misconduct (loss of licence due to unpaid fines); and (b) of his delay in bringing a claim for benefits.
[2] In his Notice of Appeal to the Umpire, Mr. Wolfenber requested that a decision be made on the basis of the record.
[3] At the hearing of his appeal to the Board, on April 1, 2005, Mr. Wolfenber did not appear. With his Notice of Appeal to the Umpire, he submits that he did not receive notice of the hearing. In light of the issues raised before that Board, Mr. Wolfenber's oral testimony may have affected the Board's decision. In other words, I am satisfied that Mr. Wolfenber may have been denied his right to be heard by the Board.
[4] In this case, the Commission acknowledges the possible breach of natural justice.
[5] In the circumstances, the appeal is allowed and the matter referred back to a newly-constituted Board who will be required to re-examine, with no restrictions, the matter at issue.
[6] The Board will not take into account the previous Board's decision.
"Judith A. Snider"
UMPIRE
OTTAWA
May 16, 2005