Where a disciplinary tribunal's members are provided with an employer's file containing prejudicial material of no probative value (such as allegations of previous convictions or gambling habits), the tribunal's decision will be quashed on the basis that a fair-minded person could reasonably suspect the applicant did not receive a fair hearing, even where each tribunal member asserts an open mind. The potential prejudicial effect of such material must be weighed against its probative value, and where the material is weightless on the charges before the tribunal, its presence before the tribunal is fatal to the decision. Informal tribunals may require greater vigilance against prejudicial material than superior courts precisely because they lack formal procedural safeguards.
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