2,734
edits
Difference between revisions of "Appeals to the Social Security Tribunal General Division (8:XIV)"
From Clicklaw Wikibooks
Appeals to the Social Security Tribunal General Division (8:XIV) (view source)
Revision as of 22:47, 13 September 2022
, 22:47, 13 September 2022→3. Procedure at the Hearing
| Line 48: | Line 48: | ||
=== 3. Procedure at the Hearing === | === 3. Procedure at the Hearing === | ||
The General Division generally takes a “common sense” approach rather than a highly legal approach to the proceedings, and is usually interested primarily in the evidence. The claimant’s appearance, attitude, and presentation of facts are all important. An hour spent familiarizing the claimant with the procedure and preparing them for the types of questions the General Division will ask is usually more valuable than an hour spent mulling over the nuances of the EI Act. That said, the Tribunal will not allow an appeal if they do not believe they have the authority to do so, whatever sympathy they may have for the worker. | The General Division generally takes a “common sense” approach rather than a highly legal approach to the proceedings, and is usually interested primarily in the evidence. The claimant’s appearance, attitude, and presentation of facts are all important. An hour spent familiarizing the claimant with the procedure and preparing them for the types of questions the General Division will ask is usually more valuable than an hour spent mulling over the nuances of the ''EI Act''. That said, the Tribunal will not allow an appeal if they do not believe they have the authority to do so, whatever sympathy they may have for the worker. | ||
Rules of evidence generally do not apply to General Division hearings. An objection on a “technicality” may upset the General Division and jeopardize the claimant’s success. However, the General Division will agree that the hearing is only to decide the questions placed before it and may accept an objection that a question is irrelevant to the issue before the Tribunal. Often decision-makers find that the evidence of a claimant that appears before them is entitled to more weight than the hearsay statement of the employer to an EI agent in a telephone conversation. | Rules of evidence generally do not apply to General Division hearings. An objection on a “technicality” may upset the General Division and jeopardize the claimant’s success. However, the General Division will agree that the hearing is only to decide the questions placed before it and may accept an objection that a question is irrelevant to the issue before the Tribunal. Often decision-makers find that the evidence of a claimant that appears before them is entitled to more weight than the hearsay statement of the employer to an EI agent in a telephone conversation. | ||
