Highlights of Noteworthy Decisions

Decision 2530 17 R
M. Crystal
  • Procedure (interpreter)
  • Reconsideration (natural justice)

The worker applied for reconsideration of Decision No. 2530/17. The worker submitted that there was a denial of natural justice due to the lack of an interpreter.

Prior to the hearing, the worker discussed with her representative whether she should receive assistance from an interpreter. The representative concluded that the worker could proceed effectively with the hearing in English. The worker accepted the advice of her representative. When it came to the attention of the original vice-chair during the hearing that the worker had some concerns about her ability to understand certain words, the vice-chair questioned the representative and satisfied himself that the issue had been discussed with the worker, as indicated above.
A review of the tape of the hearing by the Vice-Chair indicated the worker's answers were responsive to the questions asked and that she generally understood the questions. In a few circumstances, further clarification of questions was provided but this was due mainly to awkward or incomplete phrasing of the questions.
The Vice-Chair distinguished this case, in which the worker proceeded without an interpreter on advice from her representative, from cases in which an interpreter was requested but proved to be unsuitable.
The application to reconsider was denied.