AN INTRODUCTION TO TRIBUNAL PROCEEDINGS
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1. Dominant Features of Administrative Justice and Tribunal Proceedings
1.12 Social and Economic Objective of the Act
The Board of Referees is an administrative tribunal involved in the application of important legislation of a socio-economic nature. It acts to decide disputes between the Commission, which is a government agency, and claimants under the employment insurance scheme or employers. The Employment Insurance Act is not an insurance statute like others; it provides protection against a social risk that is not like the events or accidents normally covered by various insurance policies; furthermore it contemplates social benefits that go beyond the strict limits of unemployment. A long line of authority has confirmed the purpose of this legislation.
The philosophy that seems to provide a basis for the members of this administrative tribunal may result implicitly from s. A. 49 Employment Insurance Act , which provides that the Commission shall give claimants the benefit of the doubt in determining whether there are circumstances or conditions that have the effect of making the claimant ineligible for benefits, if the evidence adduced on both sides is equivalent. The Court of Appeal has stated that between two acceptable interpretations, that which is more favourable to the claimant must be accepted. In a number of areas, such as dismissal on grounds of misconduct, the benefit of the doubt goes to the claimant.
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