INTRODUCTION TO TRIBUNAL PROCEEDINGS IN EMPLOYMENT INSURANCE

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By Patrice Garant
December, 2001

Employment insurance law is one of the most important branches of public law. Every year, countless decisions are made concerning employment insurance; they may be challenged in various forums, such as boards of referees, umpires and the Federal Court of Appeal. Administrative justice is rendered at the first level by these boards, which are public tribunals that are widely accessible but still true tribunals that render over 30,000 decisions each year. The main features of the employment insurance tribunal proceedings are described below.

 

1. Dominant Features of Administrative Justice and Tribunal Proceedings Dominant Features of Administrative Justice and Tribunal Proceedings

1.1 The Board Is a True Tribunal The Board Is a True Tribunal
1.2 An Appeal Tribunal An Appeal Tribunal
1.3 A Tribunal Subject to the Charters of Rights A Tribunal Subject to the Charters of Rights
1.4 A Tribunal Subject to the Principles of Natural Justice A Tribunal Subject to the Principles of Natural Justice
1.5 An Independent, Impartial Tribunal An Independent, Impartial Tribunal
1.6 An Accessible, Informal Procedure An Accessible, Informal Procedure
1.7 Speedy, Efficient Proceedings Speedy, Efficient Proceedings
1.8 The Tribunal Is Master of the Procedure The Tribunal Is Master of the Procedure
1.9 Appropriate Rules of Evidence Appropriate Rules of Evidence
1.10 Equal Representation Equal Representation
1.11 Collegiality Collegiality
1.12 Social and Economic Objective of the Act Social and Economic Objective of the Act

2. Hearing by the Board of Referees Hearing by the Board of Referees

2.1 Notice of Hearing Notice of Hearing
2.2 Representation at the Hearing Representation at the Hearing
2.3 Preliminary Objections Preliminary Objections

3. Evidence Before the Board Evidence Before the Board

3.1 Nature of Evidence Nature of Evidence
3.2 Burden of Proof Burden of Proof
3.3 Admissibility and Relevance of Evidence Admissibility and Relevance of Evidence
3.4 Probative Value Probative Value
3.5 Probative Value of Testimony Probative Value of Testimony
3.6 Cross-Examination Cross-Examination

4. Deliberations and Decision Deliberations and Decision

4.1 Deliberations Deliberations
4.2 Decision Decision
4.3 Structure of Decision Structure of Decision
4.4 Challenging the Decision Challenging the Decision

Conclusion