22. Conflict of interest

Judges often emphasize that "Justice must not only be done, but must be seen to be done." Board members are in a position of public trust. They must always be aware of possible conflict of interest and remove themselves from any hearing where there is, or appears to be, a conflict of interest.

Chairpersons and Board members should not sit on a case in which they are or were a representative of the claimant or the employer. Members should not sit on a case that may affect them, or one in which they have taken part on behalf of an association, a claimant, an employer or a witness. Also, if chairpersons or members consider themselves biased or if there could be a perception of bias due to a personal or business relationship, it is their responsibility to withdraw from the case and notify the Board Assistant, who will endeavour to find a replacement. The decision remains at the discretion of the individual Board member, although principles of natural justice must be borne in mind. Any member in a conflict of interest should withdraw from the hearing of the particular case.

Interested parties to the appeal can object to the sitting of a particular Board member on the grounds specified in subsection 78(2) of the Regulations. For example, if a chairperson or member has taken part in events leading to the Commission's decision, the appellant may charge that the chairperson or member is ineligible. It is then the decision of the chairperson or the Board member to withdraw or to remain to hear the case.