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Decision
[1] On June 2, 2014, 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 an application 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] The Applicant submits that the General Division member misunderstood the evidence regarding the continuity of the sick leave credits of the Applicant. In support of this, the Applicant details at length how the General Division member made a factual finding without regard for the material before him.
[5] I find that this application is not simply a request for a re-hearing of the evidence but the legitimate raising of an enumerated ground of appeal. Although I make no finding on the matter, these arguments are adequately explained such that if proven they could result in a successful appeal.
[6] I therefore find that these pleadings have a reasonable chance of success. For that reason, this application for leave to appeal must be granted.