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Decision
[1] On consent, the appeal is allowed in part. The case will be returned to the General Division for reconsideration of the penalty and notice of violation only.
Introduction
[2] On February 11, 2013, a panel of the board of referees (the Board) determined that the appeal of the Appellant from the previous determination of the Commission should be dismissed. In due course, the Appellant appealed that decision to the Appeal Division and leave to appeal was granted.
[3] On August 27, 2015, a teleconference hearing was held. Both the Appellant and the Commission attended and made submissions.
Analysis
[4] This case involves voluntary leaving, a penalty, and a notice of violation.
[5] In my decision granting leave to appeal, I held at paragraph 6 that:
I note that it appears on the face of the record that the Board may have failed to correctly apply the legal test to determine whether or not the Applicant made a false statement. Although I make no finding on the matter, if it were shown that the Board did in fact fail to do so it would constitute a reviewable error.
[6] In her submissions before me, the Appellant did not allege any particular error on the part of the Board but instead repeated the factual arguments she made to the Board. She disagrees with the conclusions of the Board, and asks that her appeal be allowed because she did everything that she was told to do and never lied to anyone.
[7] The Commission, for their part, now concedes (contrary to their earlier written submissions) that the Board failed to correctly state the law or make appropriate findings of fact regarding the assessment of a penalty and the issuance of a notice of violation. They ask that a new hearing be ordered on these issues only.
[8] Having considered the record, it is clear that the Board failed to establish that the Appellant had made a false statement knowingly and also failed to explain why they concluded as they did regarding the penalty and the notice of violation. I agree with the parties that a new hearing is required on these two issues.
[9] I am not persuaded, however, that the Board erred in finding that the Appellant voluntarily left her employment without just cause. The Appellant’s actions to quit her job to care for her ill friend are commendable. But as it is not for me to re-weigh the evidence and the Appellant has failed to point to any reviewable error with regard to the voluntary leaving, the Board’s findings on that point must stand.
Conclusion
[10] Therefore, on consent, the appeal is allowed in part. The case will be returned to the General Division for reconsideration of the penalty and notice of violation only.