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 her various submissions, the Applicant outlined her views as to how the General Division member erred in finding that she had been dismissed for committing an act of misconduct. Specifically, she alleges that the General Division erred by not properly considering her argument that the true cause of her dismissal was that she had rejected the sexual advances of her Employer.
[5] If proven, these pleadings could result in a successful appeal. Accordingly, as there is some basis in the record to support the arguments made by the Applicant, I find that this appeal has a reasonable chance of success and that this application for leave to appeal must be granted.