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Decision
[1] Previously, a member of the General Division dismissed Applicant’s appeal from the previous determination of the Commission. In due course, the Applicant filed an application requesting leave to appeal this decision 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] In his submissions, the Applicant outlines his view that the General Division member made legal and factual errors in dismissing his appeal. Specifically, he alleges that the General Division incorrectly applied the established jurisprudence and the Employment Insurance Act in determining that Appellant was not required to care for his ailing mother and had other reasonable alternatives to leaving his employment, and therefore did not show just cause to leave his employment.
[5] Although I make no finding on this matter, I agree that if proven this could allow a successful appeal. As the evidence in the file discloses a factual basis upon which this argument could be made, I find that this application has a reasonable chance of success and that therefore this application for leave to appeal must be granted.