Employment Insurance (EI)

Decision

[1] The Appellant’s appeal is late and I’m not giving her more time to appeal. This decision explains why.

[2] Since I’m not accepting the late appeal, it will not go ahead.

Overview

[3] The Canada Employment Insurance Commission (Commission) made a decision in the Appellant’s case. It decided the Appellant couldn’t receive employment insurance (EI) benefits because she voluntarily left her job without just cause and because she didn’t prove she was available for work.

[4] The Appellant asked the Commission to reconsider. The Commission reconsidered and reversed its decision on the issue of voluntarily leaving without just cause. But it didn’t change its decision on the issue of availability for work. It sent the Appellant a letter about its reconsideration decision on July 16, 2024.

[5] The Appellant disagreed with the reconsideration decision, so she appealed it to the Social Security Tribunal (Tribunal) on December 31, 2024.

[6] There is a deadline for appealing to the Tribunal. An appellant who appeals late has to explain why they are late^{Footnote 1}. The Tribunal will only give more time to appeal if the appellant has a reasonable explanation for why they are late^{Footnote 2}.

Issues

[7] I have to decide the following two issues:

1. a) Is the Appellant’s appeal late?
2. b) If so, does she have a reasonable explanation for why her appeal is late?

Analysis

[8] If an appellant disagrees with the Commission’s reconsideration decision, they can appeal to the Tribunal^{Footnote 3}. The law says they must appeal within 30 days after the Commission told them about the decision^{Footnote 4}.

a) The Appellant’s appeal is late

[9] The reconsideration decision the Appellant wants to appeal was issued on July 16, 2024. Her Notice of Appeal was filed with the Tribunal on December 31, 2024.

[10] The Appellant doesn’t dispute that her appeal is late.

[11] At box 9 on the Notice of Appeal form, appellants are told that their appeal must be received within 30 days from the date they received their reconsideration decision. They are also told that if their appeal is received after the 30 days, they must explain why it is late. There is a space to explain why their appeal is late.

[12] The Appellant completed box 9 on her Notice of Appeal. In the space provided to explain why her appeal was late she wrote that she didn’t realize her appeal had to be filed within 30 days, even though this information was stated directly on the reconsideration decision letter she received^{Footnote 5}.

[13] I accept that the Commission told the Appellant about its reconsideration decision more than 30 days before she appealed to the Tribunal^{Footnote 6}.

[14] This means the Appellant’s appeal was late^{Footnote 7}.

b) The Appellant doesn’t have a reasonable explanation

[15] I find that the Appellant didn’t give a reasonable explanation for why her appeal was late.

[16] At box 9 on the Notice of Appeal form, appellants are asked to explain why their appeal is late and why their explanation is reasonable.

[17] The Appellant wrote^{Footnote 8}:

“I honestly didn’t realize that I could appeal the decision of that if I wanted to, it had to be done within 30 days, even though it’s stated directly on the letter I received. I skimmed over it and thought that it was just a reiteration of what I’d been told already by the agent I’d spoken with and that in their opinion, I hadn’t been applying for enough jobs.

I feel this is reasonable because it’s the truth. This is a very stressful situation that I have found myself to be in and I am only human.

Please consider my late appeal.”

[18] Failing to review a decision letter carefully – and thereby missing critical information (such as the timeframe for appealing) – is not a reasonable explanation for being late to appeal that decision. If you disagree with a decision, you are expected to pursue the next step in a timely fashion. Especially when the decision letter explicitly sets out how to proceed if you disagree with the decision itself and identifies the deadline for doing so.

[19] In the Appellant’s case, the July 16, 2024 reconsideration decision letter specifically identified what her next step was – and the deadline for completing it:

“You have 30 days following the receipt of this letter to appeal a decision to the Social Security Tribunal of Canada.

To learn about the appeal process, visit (the Tribunal’s website) or call 1-877-227-8577.” (GD3-24 and GD2-10)

This letter was issued the same day as the Commission’s representative verbally advised the Appellant of the outcome of her request for reconsideration and explained her right to appeal to the Tribunal^{Footnote 9}.

[20] Being “honest” and “human” about having just “skimmed over” the reconsideration decision letter doesn’t make the Appellant’s careless inattention a reasonable explanation for being late to appeal^{Footnote 10}. Unfortunately for the Appellant, her belated realization that she should have reviewed the decision more closely will not excuse her late appeal.

[21] I am sympathetic to the circumstances the Appellant now finds herself in. But the fact the Appellant finally took steps to appeal because she is unemployed and experiencing financial difficulties^{Footnote 11} – is also not a reasonable explanation for being late to appeal. Especially where there is no evidence she was prevented from submitting her appeal to the Tribunal on time^{Footnote 12}.

Conclusion

[22] The Appellant didn’t provide a reasonable explanation for why her appeal is late. Because of this, I cannot give her more time to appeal.

[23] This means the appeal won’t go ahead.