If Dissatisfied With Your Appeal
A decision by the Employment and Assistance Appeal Tribunal (Tribunal) is final; however, if you are dissatisfied you can submit a complaint to:
The Tribunal Chair
If you have a concern about the conduct of an appeal or any interaction with the Tribunal, you can make a complaint by writing to the Tribunal Chair.
It is important to the integrity of the adjudication process and to the reputation of the Tribunal that persons who attended a hearing, and have concerns about the conduct of an appeal, can be confident the concern will be dealt with expeditiously and fairly in a manner appropriate to the specific complaint. At the same time, it is essential that the independence of a member is not compromised and that any investigation of a complaint does not interfere with the member’s role in conducting a fair hearing and rendering a decision.
Members of the Employment and Assistance Appeal Tribunal are required to comply with the Employment and Assistance Appeal Tribunal Code of Conduct.
As a rule, the Tribunal Chair will inform the member of the complaint, subject to the requirements of the Freedom of Information and Protection of Privacy Act. However, the member will not be informed of complaints that the Tribunal Chair has determined to be frivolous or vexatious. As well, if the complaint involves a specific hearing, the member will not be informed of the complaint until after the panel has issued the decision. In extraordinary circumstances, it may be necessary to deal with the issue immediately.
The member may choose to respond orally or in writing to the Tribunal Chair.
The Tribunal Chair may discuss the complaint with other members or Tribunal staff that may have relevant information in relation to the complaint. Where the complaint relates to a specific appeal, the Tribunal Chair may also review the appeal record.
The Tribunal Chair may delegate the investigation of any complaint, or any part of the investigation, to the Director, Policy and Appeal Management, who will report the results to the Tribunal Chair.
The Tribunal Chair will make a decision on completion of the investigation. This decision will include any remedial steps that the Tribunal Chair believes are warranted. The decision will be communicated to the complainant and to the member. The decision of the Tribunal Chair is final.
Dismissal of a complaint without investigation:
If the Tribunal Chair determines that the complaint is frivolous or vexatious, the complainant will be advised that no action will be taken.
The complaint procedure does not apply to a complaint disagreeing with the outcome of an appeal; the complainant will be advised that no action will be taken.
How to make a complaint:
A complaint about the conduct of an appeal must be made in writing and addressed to the Tribunal Chair. The person making the complaint must include his or her name and address, the particulars of the complaint, the appeal number and the date of the hearing. If the complaint relates to general conduct outside of a hearing, then information about the incident and the person’s connection to the event should be provided. Send a Complaint
Either party to the appeal may file a petition in the BC Supreme Court requesting review of the Tribunal decision by a judge under the Judicial Review Procedure Act. This is called a judicial review. The Employment and Assistance Act sets out the time limit for an application for judicial review:
19.3 (1) An application for judicial review of a final decision of the tribunal must be commenced within 60 days of the date the decision is issued.
(2) Despite subsection (1), either before or after expiration of the time, the court may extend the time for making the application, on terms the court considers proper, if it is satisfied that there are serious grounds for relief, there is a reasonable explanation for the delay and no substantial prejudice or hardship will result to a person affected by the delay.
You can view Judicial Reviews of Tribunal Decisions.
The Ombudsperson investigates complaints about administrative unfairness, settles complaints through consultation, and makes recommendations to public agencies to resolve unfairness. If you feel you were treated unfairly, you can submit your complaint online or contact the Office of the Ombudsperson by telephone at (250) 387-5855 or toll free: 1-800-567-3247.