IN THE MATTER OF THE Employment Insurance Act
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IN THE MATTER OF a claim for benefit by
Jasmine MOREL
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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 March 16, 2005 at Burnaby, British Columbia
DECISION
SNIDER, J.
[1] Ms. Jasmine Morel appeals a decision of a board of referees (the "Board") dated March 16, 2005. In its decision, the Board denied Ms. Morel's appeal of a decision of the Employment Insurance Commission (the "Commission"). The Commission had determined that Ms. Morel had filed false information and had imposed a penalty.
[2] In her Notice of Appeal to the Umpire, Ms. Morel requested that a decision be made on the basis of the record.
[3] At the hearing of her appeal to the Board, on March 16, 2005, Ms. Morel did not appear. With her Notice of Appeal to the Umpire, she submits that she did not receive notice of the hearing. In light of the issues raised before that Board, Ms. Morel's oral testimony may have affected the Board's decision. In other words, I am satisfied that Ms. Morel may have been denied her 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. The Board will not take into account the previous Board's decision.
"Judith A. Snider"
UMPIRE
OTTAWA
May 16, 2005