REASONABLE APPREHENSION OF BIAS – HEARING ADJOURNMENTS

[Ivan Israelstam]

A disciplinary hearing chair allowed the employer rep an adjournment to consider her cross examination of the accused’s witness but refused the accused an adjournment to consider his re-examination of his same said witness. The chair’s reason for this refusal was that there was so little evidence dealt with during the cross examination that an adjournment to consider the re-examination was not necessary. Would this refusal be sufficient grounds for a reasonable apprehension of bias?

[Anna Peal]

Hearing chairpersons are not obligated to be even handed in cases where an adjournment is not necessary. And the chair has the discretion to decide if an adjournment is necessary. Therefore, in this case, there would be no reasonable apprehension of bias.

[Author]

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