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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 outlined his views as to how the General Division member erred in finding that he had not shown just cause for voluntarily leaving his employment.
[5] Although I make no finding on the matter, I note on the face of the record that the findings of the General Division member (at paragraphs 55 and 57 of her decision) could be interpreted as being contradictory.
[6] For this reason, I find that this appeal has a reasonable chance of success and that this application for leave to appeal must be granted.