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Decision
[1] On November 26, 2013, a member of the General Division determined that the appeal of the Applicant from the previous determination of the Commission should be dismissed. In due course, the Applicant filed a request for leave to appeal to the Appeal Division.
[2] Subsection 58(1) of the Department of Employment and Social Development Act states that the only grounds of appeal are that:
- (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
- (b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
- (c) the General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
[3] The Act also states that leave to appeal is to be refused if the appeal has “no reasonable chance of success”.
[4] Among other arguments, the Applicant submits that she is now in possession of a doctor’s note as mentioned by the General Division member and should therefore have her case reassessed.
[5] I note that on the face of the record, the General Division member appears to have found that various umpire decisions are binding upon him. Although I make no finding on the matter, if the member did in fact do so then this may constitute an error of law.
[6] If proven, this could result in a successful appeal. I therefore find that this application has a reasonable chance of success and that leave to appeal should be granted.