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Decision
[1] On June 19, 2014, a member of the General Division determined that the appeal of the Respondent from the previous determination of the Commission should be allowed. In due course, the Commission 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] I have read and carefully considered the application of the Commission. In it, the Commission outlines their views as to how the General Division made legal and factual errors in allowing the Respondent’s appeal. Specifically, they allege that the General Division incorrectly determined and applied the law regarding availability for work as it related to the Respondent.
[5] If proven, these pleadings could result in a successful appeal. Accordingly, this application for leave to appeal is granted.