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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] In his submissions, the Applicant outlines his views as to how he had been wronged by the General Division, the Commission, and his Employer. Among other arguments, he alleges that the General Division member should not have permitted the Employer to be added as a party to the appeal.
[5] Although I make no findings regarding the Applicant’s submissions, I note that on the face of the record the Applicant voluntarily left his Employment while still employed in a second job. This being so, the General Division member should have considered and applied Canada (Attorney General) v. Marier, 2013 FCA 39, but did not.
[6] For this reason, I find that this appeal has a reasonable chance of success and this application for leave to appeal should be granted.