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  • Appeal to Umpire

    I. The Legislation

    (a) Generally

    Section 115 of the Employment Insurance Act provides that the Commission, a claimant or employer, or their respective associations may appeal a decision of the Board of Referees to an Umpire as of right. A Board's decision may be appealed on three grounds:

    1. the Board failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
    2. the Board erred in law in making its decision; or
    3. the Board based its decision on an erroneous finding of fact which it made in a perverse or capricious manner or without regard for the material before it.

    Section 115 of the Employment Insurance Act Employment Insurance Act

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    2009-04-28