TRANSLATION
IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
Hans Harry Der Von FELIX
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IN THE MATTER of an appeal to an Umpire by the claimant from the decision of a Board of Referees given on May 8, 2007 at North York, Ontario.
DECISION
MAX M. TEITELBAUM, Umpire
The claimant appeals from the decision given by the Board of Referees on May 8, 2007 on the ground that there was a breach of natural justice. He submits that he was unable to attend the hearing before the Board of Referees because he was not in the region.
The evidence in the docket shows that the hearing before the Board of Referees was initially scheduled for May 3, 2007. The claimant requested a postponement, which was granted, and the hearing was rescheduled for May 8, 2007. Since he had to be out of the region, the claimant requested another postponement; however, his request was refused and the Board of Referees proceeded with the hearing on May 8, 2007. The Commission recommends that this case be referred back for rehearing.
Having reviewed the docket, I find that this matter must indeed be the subject of a hearing de novo before a differently constituted Board of Referees. The Board of Referees' decision dated May 8, 2007 shall be removed from the appeal docket.
Max M. Teitelbaum
UMPIRE
OTTAWA, Ontario
July 27, 2007