Employment Insurance Regulations

81 (1) Where a claimant and an employer have applied under subsections 80(1) and (2), respectively, for a hearing before a board of referees in respect of the same appeal, and oral evidence concerning a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) of the Act is to be given at the hearing, the chairperson of the board of referees (in this section referred to as "the chairperson")

• (a) may exclude from the hearing, on application by the claimant or employer, the claimant or the employer, any representative of the claimant or the employer, or any person who is or may be a witness, during the time that oral evidence is being given; and

• (b) shall set the date and time at which that oral evidence is to be given.

(2) Where oral evidence is given at a hearing in the absence of a claimant or an employer who has been excluded under subsection (1), the chairperson shall direct that the evidence be provided to the excluded claimant or employer, as the case may be, by making available to that claimant or employer a copy of the audio recording of that evidence

• (a) on the same day that the evidence is given; or

• (b) where it is not feasible to do so on that day, on the next working day.

(3) Where oral evidence is made available to an excluded claimant or employer in accordance with subsection (2), the excluded claimant or employer, as the case may be, may respond to that evidence orally at a hearing before the board of referees in the absence of all other persons excluded under paragraph (1)(a)

• (a) on the same day that the evidence is made available; or

• (b) where it is not feasible to do so on that day, within such time, reasonable in the circumstances, as may be fixed by the chairperson.

(4) Where a response has been provided by a claimant or an employer in accordance with subsection (3),

• (a) the chairperson shall direct that the response be communicated to the claimant or employer who did not provide that response, in the manner and within the time set out in subsection (2); and

• (b) the claimant or employer who did not provide that response may respond to that response in the manner and within the time set out in subsection (3).