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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:
- the Board failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
- the Board erred in law in making its decision; or
- 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
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