S. U. v. Canada Employment Insurance Commission

S. U. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2017-02-16 Neutral citation 2017 SSTADEI 68 Reference number AD-17-125 Member Pierre Lafontaine Division Appeal Division Decision Application for leave to appeal granted Related decisions SST - S. U. v. Canada Employment Insurance Commission - 2017 SSTADEI 143 - 2017-04-05 - Appeal Division Decision Content On this page Decision Introduction Issue The law Analysis Conclusion Reasons and decision Decision [1] The Tribunal grants leave to appeal to the Appeal Division of the Social Security Tribunal. Introduction [2] On January 9, 2017, the General Division of the Tribunal determined that the Applicant did not have just cause to leave her employment pursuant to sections 29 and 30 of the Employment Insurance Act. [3] The Applicant requested leave to appeal to the Appeal Division on February 8, 2017. Issue [4] The Tribunal must decide if 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 “leave 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: (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. [8] In regards to the application for permission to appeal, 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, before leave can be granted. [9] The Applicant argues that she did not receive a notice of hearing prior to the hearing and this is why she was not present at the hearing. She would like to give her side of the story and have a chance to argue her case. The Applicant is raising a question of natural justice. The General Division found that the Applicant had signed for the successful delivery of the notice of hearing on November 20, 2016. However, the Tribunal notices from the General Division file that the delivery was not signed by the Applicant but by a third party. [10] After reviewing the docket of appeal, the decision of the General Division and considering the arguments of the Applicant in support of her request for leave to appeal, the Tribunal finds that the appeal has a reasonable chance of success. The Applicant has set out reasons which fall into the above enumerated grounds of appeal that could possibly lead to the reversal of the disputed decision. Conclusion [11] The Tribunal grants leave to appeal to the Appeal Division of the Social Security Tribunal.