APPEALS TO THE BOARD OF REFEREES
What is an appeal?
Claimants may appeal decisions made by Human Resources and Skills Development Canada (HRSDC), including reasons such as:
- EI benefits have been refused
- Benefits received are to be repaid
- A warning letter has been given or a penalty has been assessed
Employers may appeal decisions made by HRSDC, including reasons such
as:
- Benefits are being paid to an employee who quit or was fired for misconduct
- EI is being paid to employees who refused work or are in a labour dispute
- A warning letter has been given or a penalty has been assessed
If, as a claimant or an employer, you disagree with this HRSDC decision,
you have the right to appeal. There is no cost to file an appeal, but
there is a 30-day time limit for filing the appeal.
In the first level of the appeal process, the Board of Referees examines
the HRSDC decision and makes an independent decision on your case.
This Web site will tell you how and where to file your appeal to the
Board of Referees. It will explain what to expect after the appeal is
filed and what to do with the appeal docket sent to you. It will also
give you the Web sites that have been developed to help you understand
the HRSDC decision and prepare for your appeal.
In certain circumstances, there is a second level of appeal, which
is an appeal to the Umpire.
What is the Board of Referees?
The Board of Referees is an independent and impartial administrative
body comprising three members of the community. The members of the Board
of Referees are not employees of HRSDC. They are knowledgeable
about Employment Insurance legislation and are trained to examine
your case in a fair manner.
The Board examines your case at a hearing.
It examines all evidence that is provided, whether this evidence is
in the appeal docket or given
at the hearing.
The Board will base its decision on the Employment Insurance Act
and Regulations and its finding of fact in the case before it.
To do this, the Board may rely on previous
appealed cases to guide it in its decision.
For more information, consult the Board
of Referees website.
Do I need a lawyer?
Not necessarily. The most important thing is that you attend the hearing,
either in person or by telephone. You can have someone (i.e. a friend,
union representative, community legal representative or lawyer) assist
and attend with you. It is up to you to decide.
If you decide to hire a representative or a lawyer, you will have to
pay any costs yourself. HRSDC will not reimburse the fees.
There are many community groups and claimant help groups that can
help you prepare for your appeal. Contact your
local HRCC office for information on these groups. HRSDC employees
can also help and direct you to Web sites useful for your hearing.
If
you wish, you can refer directly to the
working document that HRSDC uses.
How do I file an appeal?
You must tell your local HRSDC office in writing that you want
to appeal. You have 30 days after you receive the HRSDC decision
to do this. If there is more than one decision on your claim, please
be sure you identify the specific decision or decisions you want to
appeal.
A standard appeal
form has been prepared (called the Notice of Appeal to the
Board of Referees) that you can use to file your appeal. PRINT
THIS FORM OUT.
Make sure the form is as complete as it can be, and remember to date
and sign it and send it to your
local HRCC office.
If you decide not to use the form, HRSDC will need your
Social
Insurance Number (SIN) or, if you are an employer, your Canada Customs
and Revenue Agency
Employer
Business Number, current address and your signature to go ahead
with the appeal. If you do not file in time (within the 30-day period),
you must provide special reasons for the delay.
Reasons for appealing
Do your best to tell us why you are appealing the decision.
If you do not have specific reasons for appealing, or you are not sure
what the reasons should be, you can still appeal. It is important not
to delay, as there is a 30-day time limit. Be sure to identify all the
decisions you want to appeal.
This way, you will have time to prepare your position or consult someone
on the options that are open to you. If you understand your case better,
you can better prepare for your appeal.
What happens next?
Once HRSDC receives your appeal, it will send you a letter saying that
it was received (Acknowledgement of Receipt). It will also tell
you which sections of the Employment Insurance Act or Regulations
are involved.
Along with the Acknowledgement of Receipt that you receive,
use the Notice of Decision to familiarize yourself with the HRSDC
decision that has been made. Look at the following sites:
These will help you understand the decision made and will also help
you to prepare for your appeal.
If you are not sure of the decision(s) made, check with your
local HRCC office or call the Employment Insurance information
toll-free number.
Someone from the HRSDC office may call you. Please give this person
as much information as you can. Based on the facts you present, HRSDC
may decide to allow your claim, and an appeal might not be necessary.
If the appeal proceeds, HRSDC will then prepare the appeal docket for
the Board of Referees.
What is an appeal docket?
The appeal docket contains all the documents that were used to make
a decision in your case, such as copies of the claim for benefits and
all the evidence that was gathered by HRSDC.
It also contains HRSDC's written reasons for the decision on your claim.
As well, it explains the previous cases or court decisions it referred
to when making this decision.
You should be aware, however, that there may be other
court decisions that are relevant and might be favorable to your
case.
Approximately 10 days before your hearing date, the appeal docket
will be mailed to you and your representative (if you have one) along
with
an official notice of hearing. In certain circumstances, the appeal
docket will be sent to both the claimant and the employer. For example,
both may receive the appeal docket when benefits are being paid to
an employee who quit for work related reasons or was fired for misconduct,
etc. The appeal docket is also given to the Board of Referees before
the hearing
so
that members
can
review
it.
The appeal docket you receive is the same as the Board's. Bring this
docket with you to the hearing. Do not worry if you do not understand
everything in your docket since the Board will go over the contents
during your hearing.
IMPORTANT NOTE
If you would like to have someone submit your appeal and/or represent you during the appeal hearing you must provide Human Resources and Skills Development Canada with the name of your representative and indicate in writing that this person is authorized to represent you and in what capacity (for example, during the hearing only, etc.). Human Resources and Skills Development Canada will not release any information to your representative regarding your appeal without your written consent in order to respect your privacy and to comply with the provisions of the Privacy Act.
Notice of hearing
The notice of hearing will tell you and your representative (if you
have one), when and where the Board will hear your case (in person or
by telephone). HRSDC tries to have cases heard within 30 days after you
have written that you want an appeal. As soon as your appeal is scheduled,
the notice of hearing is sent to you, along with a copy of the appeal
docket. Usually, these documents are sent 10 days before the hearing.
You will therefore have time to prepare for the hearing. Again, make
sure that your local Human Resources and Skills Development Canada office has your
correct address on hand.
What happens at the
hearing and why should I be there?
For everyone's convenience, Board sessions are usually held in government
buildings.
Although your attendance at the hearing - in person or by telephone
- is voluntary, it is in your best interest to participate because you
can explain your situation or circumstances to the Board. Also, the
Board will likely have questions for you to make sure it has all the
facts to reach a decision.
Make sure you are on time because the Board may begin without you.
You will be introduced to the Chairperson and the other two members
of the Board. There will be some introductory comments on the nature
of the appeal process and the Board's role.
The hearing is held in a casual manner, and the Board will make
every possible effort to make you feel at ease. The length of the
hearing depends on many factors. The number of documents in the appeal
docket, the questions the Board members may have or any other circumstance
of the case all have an impact on the length of the hearing. Usually
however, appeals are heard within an hour.
You can ask to have the hearing taped. This provides an audio record
of the proceedings. You can ask for a copy of the tape.
You will be asked to present your case. Remember that the Board members
have already read the docket but likely will have questions for you
so that they can better understand your case. Try to relax as much as
possible. You are not expected to give a formal legal presentation.
This is not a courtroom. Please remember this is simply your opportunity
to explain your case.
In certain cases, your employer is notified of the HRSDC decision (for
example, when EI benefits are paid to an employee who quit his/her job,
was fired for misconduct, refused work or is involved in a labour dispute).
As an interested party, the employer or a representative has the right
to attend the hearing if they so choose. In this instance, they will
be allowed to present their case and respond to any evidence given.
If your appeal involves harassment and you are uncomfortable providing
information regarding the circumstances in front of the other party,
the Board Chairperson can proceed to hear the parties separately.
Generally, HRSDC does not attend the hearing, as it usually relies on
the presentation of its written reasons. However, HRSDC has the right
to appear and may decide to be present.
If you have asked for a hearing in person and cannot attend, a telephone
hearing can be arranged for you. If you cannot attend either in person
or by telephone on the date set, contact the Board of Referees' assistant
immediately. The phone number appears on the notice of hearing you were
sent.
If you cannot attend a hearing either in person or via the telephone,
you can state your case in writing. In this case, make sure your reasons
are forwarded to the Board of Referees before the hearing; otherwise,
the Board members will make their decision based on what is contained
in your request to appeal.
What does the Board of Referees expect from me?
The Board expects you to be on time and to come prepared to discuss
your case.
Be sure you bring your appeal docket and review it carefully so that
you can discuss with the Board any facts or comments you disagree with.
If you have documents other than your appeal docket that you want to
present, try to send them to the Board's assistant before the hearing
so that they can be reviewed. If you are unable to send them beforehand,
the Board will expect you to have them with you. Also, if you want to
present any witnesses, they should attend the hearing with you. If your
witness cannot attend, his/her signed statement of events may be accepted
by the Board. Again, you should try to inform the Board's assistant
that you are bringing witnesses.
If you do not speak either English or French, you should bring somebody
with you who can interpret. If there is a fee involved, you will be
responsible for the payment.
If you have a hearing or a visual impairment, HRSDC will pay for either
a sign language interpreter or for your docket to be sent to you in
Braille. Let HRSDC know if these arrangements need to be made.
How can I prepare for the hearing?
What happens after the hearing?
The Board will not give you a verbal decision on the day of your hearing.
You will receive a written decision between 7 and 10 days after the hearing.
If the Board's decision is not in your favour, you have the right
to file an appeal with the Umpire.
Again, there is no charge to file this appeal. Make sure you understand the
conditions required
to appeal to the Umpire, as this is a very different situation
than an appeal to the Board of Referees.
If the Board's decision is in your favour, HRSDC or your employer (if involved)
may appeal the Board's decision to the Umpire,
which is the next level of appeal.
If no appeal is filed by any party, then the Board's decision is final.
More information is available on Appeals
to the Umpire.
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