Difference between revisions of "Appeals to the Social Security Tribunal General Division (8:XIV)"

The General Division generally takes a “common sense” 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 procedure and preparing him or her 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.

The claimant can ask to have the hearing taped. In the absence of such a request, the General Division will use its discretion as to whether to record the hearing or not. In most cases, the hearing will be taped. It is strongly advised that every claimant request that the hearing be taped, as this provides a record of the evidence, and also shows whether the General Division gave a fair hearing.