Can an employer at a pre-hearing hearing dispute a worker's testimony that it did not put to the worker during the course of her testimony?
British Columbia, Canada
The following excerpt is from WCAT-2015-01527 (Re), 2015 CanLII 97079 (BC WCAT):
The “rule” in Browne v. Dunn is clear; the employer cannot, in fairness, adduce factual evidence to dispute the worker’s testimony that it did not put to the worker during the course of her testimony. This would be a violation of procedural fairness. Because the evidence was available at the time of the hearing and the subject of the report was even raised, even in passing, by the worker during her testimony, I do not consider it appropriate to reconvene the oral hearing to mitigate the unfairness that would result from my considering the post-hearing evidence of the employer.
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