Employment Insurance (EI)

Decision and Reasons

Decision

[1] The Tribunal grants leave to appeal to the Appeal Division.

Introduction

[2] On February 5, 2018, the General Division of the Tribunal determined that the Applicant had left her employment without just cause in accordance with sections 29 and 30 of the Employment Insurance Act (Act) and that a penalty was justified under section 38 of the Act.

[3] The Applicant requested leave to appeal to the Appeal Division on March 14, 2018, after receiving the General Division decision on February 14, 2018.

Issue

[4] The Tribunal must decide whether the appeal has a reasonable chance of success.

The law

[5] According to subsections 56(1) and 58(3) of the Department of Employment and Social Development Act (DESD Act), “An appeal to the Appeal Division may only be brought if leave to appeal is granted” and “The Appeal Division must either grant or refuse leave to appeal.”

[6] Subsection 58(2) of the DESD Act provides that “[l]eave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.”

Analysis

[7] Subsection 58(1) of the DESD Act states that the only grounds of appeal are the following:

1. a) The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
2. b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
3. 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.

[8] With regard to the application for leave to appeal, before leave can be granted, the Tribunal needs to be satisfied that the reasons for appeal fall within any of the above-mentioned grounds of appeal and that at least one of the reasons has a reasonable chance of success.

[9] The Applicant submits that she has grounds of appeal pursuant to paragraph 58(1)(a) of the DESD Act. She submits that her right to a fair hearing was prejudiced by the General Division’s denial of her adjournment request. The Applicant submits that the General Division prevented her from introducing evidence that demonstrates that she was never employed by Millennium and that she therefore did not voluntarily leave her employment.

[10] The Applicant submits that procedural fairness requires that an individual know the case to meet and have an adequate opportunity to be heard before a decision is made affecting their interest, including the right to reasonable disclosure of evidence and the opportunity to call evidence.

[11] After reviewing the appeal docket and the General Division decision, and after considering the Applicant’s arguments in support of her request for leave to appeal, the Tribunal finds that the appeal has a reasonable chance of success.

[12] The Applicant has set out reasons that fall within the above-enumerated grounds of appeal and that could possibly lead to the reversal of the disputed decision.

Conclusion

[13] The Tribunal grants leave to appeal to the Appeal Division.