Process of appealing to an Umpire

If you disagree with the decision you receive from the Board of Referees, you have the right to appeal to the next level, called the Umpire within 60 days. The Umpire is generally a federal court judge that hears Employment Insurance disputes. An appeal to the Umpire is more formal than an appeal to a Board of Referees. Many people appear before Umpires without representation; however, many people seek help with this level of appeal. An attorney always represents the Commission.

The Umpire will not simply re-hear your case. Instead, the Umpire must determine if the Board of Referees made one of three errors. Only one of these three errors will justify intervention by the Umpire:

• The board of referees failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
• The board of referees erred in law in making its decision or order, whether or not the error appears on the face of the record; or
• The board of referees based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

The Umpire must find that the Board made one of these errors to reverse the decision. In other words, if the Board conducted a fair hearing, properly considered the law and the facts of your case, the Umpire is not able to overturn the decision, even if he or she may have reached a different conclusion.

To file an appeal to an Umpire, you need to submit an appeal form, available on the internet or at your local HRSDC office, along with any additional information you wish. The Commission will then prepare an appeal docket similar to that of the case before the Board. You may request a hearing before an Umpire or simply ask that the Umpire make a decision based on the material in the docket and any additional information you provide. Once you receive the docket, you will be asked to submit any additional information within 15 days. You should know that Umpires usually only hear cases in any given city a few times per year. Therefore, it may be many months or even a year before your case is heard. It may be several more months before you receive a decision.

Appeals beyond the Umpire go the Federal Court of Appeal and ultimately, the Supreme Court of Canada. These appeals are rare in Employment Insurance disputes and require legal representation.

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