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Reasons and decision
[1] Previously, a member of the General Division dismissed the Applicant’s appeal. 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 (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] Among other arguments, the Applicant submits that the General Division member ignored his evidence that he did not quit his job but was instead fired.
[5] I note that on the face of the record the member faithfully recorded the Applicant’s argument that he had not quit his job. However, he then found that “…the evidence from the employer and [the Applicant] is that [the Applicant] quit”.
[6] Although I make no finding on the matter, I have great difficulty reconciling these two statements. For this reason, I find that this appeal has a reasonable chance of success and this application for leave to appeal should be granted.