If Dissatisfied With Your Appeal
Decisions of the Tribunal are final decisions. If you are dissatisfied with your hearing or the final decision you have three options:
- Judicial Review – you can file a petition in the B.C. Supreme Court asking a judge to review the decision.
- Complaint to the Tribunal – you can call or write to the Tribunal Chair.
- Office of the Ombudsperson – you can contact the Office of the Ombudsperson if you feel that we were unfair.
More information about these three options is set out below.
If you would like a judge to review the decision, you will need to file a petition for judicial review. A judicial review must be filed within 60 days of the date of the Tribunal decision.
You can view judicial reviews of Tribunal decisions on the Judicial Review of Decisions page of our website.
Complaint to the Tribunal
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. Please mail, fax or email your complaint to the Tribunal.
MAIL PO Box 9994 Stn Prov Govt, Victoria, BC V8W 9R7
FAX Toll-free: 1-877-356-9687 | In Victoria: 250- 356-9687
The Ombudsperson assists with and investigates complaints from members of the public about the administration of government programs and services. Whether it’s a delay in receiving service or a disagreement with a decision made, The Ombudsperson impartially listens and works to find fair solutions to problems.
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.
The Ombudsperson’s website can be found at: https://bcombudsperson.ca/