6. Role of the EI Boards of Referees

The Board of Referees' main function is to make decisions on all issues arising from an appeal lodged under subsection 114(1) of the Employment Insurance Act.   subsection 114(1)of the Employment Insurance Act

Once constituted, the Board of Referees does not act on behalf of the claimant, the employer or the Commission, and neither do its individual members, regardless of whether they are drawn from a background affiliated with labour or employers.The Board is there to referee and to render justice based on the Employment Insurance Act, its Regulations and jurisprudence. The Board acts as an administrative tribunal, hearing each side and rendering a decision based on the facts of the particular case and the law, in accordance with the principles of natural justice.

The principles of natural justice require that the parties:

• receive formal notice of the hearing;
  
  
• are entitled to be heard;
  
  
• are entitled to know the case against them; and
  
  
• are entitled to a fair and impartial hearing.

It is to the advantage of all parties and Board members to prepare themselves for the hearing on receipt of copies of the appeal docket.

The Board of Referees is empowered to:

• dismiss the appeal, terminate a disentitlement or allow the appeal in its entirety, with or without new facts;
  
  
• referee the arguments for and against the decision;
  
  
• assess the credibility of witnesses' statements, both written and oral; and
  
  
• give the benefit of the doubt in favour of the claimant in cases of loss of employment by reason of misconduct or voluntary leaving, when faced with contradictions and equally credible versions. In all other cases, the benefit of the doubt must be given to the party that does not have the burden of proof.

The Board does not have the authority to:

• investigate, other than to ask that further information related to the issue under appeal be placed before it by whomever the Board specifies;
  
  
• review a claimant's past history of entitlement which is unrelated to the issue under appeal;
  
  
• subpoena witnesses;
  
  
• require evidence under oath;
  
  
• charge anyone with contempt of court;
  
  
• determine if employment is insurable - who constitutes the employer - the length of insurable employment - the amount of insurable earnings - and what premiums were, or ought to have been, paid;
  
  
• write off an overpayment; or
  
  
• refer claimants to courses of instruction under section 25 of the EI Act  .

Unlike a decision of an Umpire, a decision by a Board of Referees does not constitute a precedent and is not binding on any other Board of Referees.

Before arriving at the hearing, the Board of Referees members should have reviewed the facts of each case, the applicable jurisprudence, and the relevant sections of the EI Act and Regulations. The Board should note not only the jurisprudence cited by the Commission and the interested parties to the appeal, but also other relevant jurisprudence that was not cited. The Board of Referees Quick Reference Tool, the Jurisprudence Library The Jurisprudence Library and the EI Appeal Decisions Favourable to Workers databases may be valuable in conducting such research.