Section 56 Order of Proof and Burden of Proof

• Library: Administrative Law 2011

The order of proceeding is established by the referee. Unless the appeals tribunal determines otherwise, the appellant first presents evidence to show that the determination appealed from is in error. In cases involving voluntary leaving of work, the claimant usually presents evidence first because the claimant possesses the greater knowledge concerning the reason for quitting. Likewise, in cases involving a discharge, the employer usually presents its evidence first.

The claimant has the general burden of proving entitlement to unemployment...