The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, a refugee claimant, alleged that the Member's attitude was harsh, dismissive, and they repeatedly interrupted the Complainant, that the Member spoke in a rude and aggressive tone, that the Member threatened to dismiss the hearing because the Complainant asked questions, and that the Member failed to acknowledge documents submitted by witnesses.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct or had no evidence to support them. The assessment of testimony and evidence are matters of adjudicative independence, while the accommodations of language and expectations of the claimant fall under hearing management. A preliminary review of the hearing determined that the Member's tone and demeanour were professional throughout the hearing, and at no time did the Member threaten to dismiss the hearing. The Chairperson's decision was to dismiss the allegations as they fell outside the scope of the Procedures for Making a Complaint about a Member.