Frequently Asked Questions - FAQ
View: Your Board of Referees appeal at a glance and Your Umpire appeal at a glance
Is there a cost involved?
There is no charge to file an appeal with the Board of Referees or the Umpire. However, there are costs associated with appeals at the Federal Court level and with the Supreme Court of Canada. Also, if you decide to hire a representative, you will have to pay any costs involved. HRSDC will not reimburse you. Travel costs are also your responsibility.
What are my chances?
There is no way to predict what your chances are because each case is decided on its own merit. This is why it is important for you to attend the hearing.
Will my employer be there?
Your employer may attend. In certain circumstances, your employer is informed of the decision to pay you benefits, and he or she may disagree. If HRSDC decides to pay benefits to you after you quit your job voluntarily, were fired for misconduct or refused work, or because of a labour dispute, your employer will be notified. If the employer doesn't agree, he or she can appeal that decision and attend the hearing.
If your employer appeals a decision to pay you benefits, you will receive a copy of the appeal docket, which will contain the reasons raised with respect to the appeal. You will be given the opportunity to either answer the arguments in writing or make your representations in person.
In cases of appeals where sexual or other harassment is alleged, the Board of Referees may decide to hear from the parties separately.
Will HRSDC be at the appeal?
HRSDC usually relies on its written report in the docket to state its case to the Board of Referees. HRSDC may, however, choose to send a representative to the hearing. In most cases of appeals to the Umpire, HRSDC will have a representative or a lawyer attend. However, if the case is heard "on the record" by the Umpire, HRSDC's lawyer will not appear in front of the judge.
Will the agent with whom I discussed my eligibility be there?
No. In the vast majority of cases, the agent who made the original decision will not be at the hearing. HRSDC may, however, choose to send a representative to the hearing.
Can my employer appeal a decision to pay me benefits?
If HRSDC decides to pay benefits to you after you quit your job voluntarily, were fired for misconduct or refused work, or because of a labour dispute, your employer will be advised. If the employer doesn't agree, he or she can appeal that decision. If this happens, you will be notified that an appeal has been filed. You will still be paid your benefits until the Board of Referees makes its decision.
How long does it take for a decision to be made on my appeal?
Usually, an appeal to the Board of Referees is heard within 30 days after you ask for one. The Board of Referee's decision is mailed to you between 7 and 10 days after your hearing takes place.
Can someone represent me or come with me to the hearing?
Certainly, you can have someone either represent you or accompany you to the hearing. It can be a family member, a community worker, a friend or a lawyer. If you feel more comfortable to have someone go with you, please do so. However, it is to your advantage to be there in person.
How long will the hearing take?
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.
Do I need a lawyer?
No, you do not need a lawyer but you may decide to hire a lawyer or a representative. It is up to you to decide what is best for you.
What if I can't travel to the hearing?
It may be possible to have your appeal heard by phone or have written representations examined by the Board of Referees. If you cannot travel, contact the clerk of the Board of Referees as soon as possible to make alternate arrangements.
Are members of the Board of Referees HRSDC employees?
No. The members of the Board of Referees are not HRSDC employees. They are independent of HRSDC and selected from the community.
Your Board of Referees appeal at a glance
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Your Umpire appeal at a glance
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