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Decision
[1] On consent, the appeal is allowed. The matter will be returned to the General Division for reconsideration.
Introduction
[2] Previously, a member of the General Division determined that the Appellant’s appeal should be dismissed. In due course, the Appellant filed an application for leave to appeal with the Appeal Division and leave to appeal was granted.
[3] This appeal was decided on the record.
The law
[4] According to subsection 58(1) of the Department of Employment and Social Development Act, 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.
Analysis
[5] This appeal concerns whether or not the Appellant should be excused for not filing her benefit reports on time.
[6] The Appellant argues that the General Division member erred by not taking into consideration her serious health issues. She asks that her appeal be allowed.
[7] The Commission, having considered the file and the decision, admits that the member erred in the manner alleged, submitting that the General Division member “was silent on the evidence regarding [the Appellant’s] significant health issues”. They ask that the matter be returned to the General Division for a new hearing.
[8] I agree with the parties that the situation is as they have submitted. This decision cannot stand.
Conclusion
[9] On consent and for the above reasons, the appeal is allowed. The matter is returned to the General Division for reconsideration.