The Department of Human Resources, Labour and Employment has an appeal
process to ensure that all persons who receive or request support are given
the opportunity to have their individual circumstances reviewed. This is
achieved through an informal level of review, as well as a formal level of
review and an independent appeal board. The following describes the steps to
take if you are not satisfied with any decision made by an employee of the
Department.
Step 1 - Consult your worker’s supervisor or the district manager
You should always speak with the Program Supervisor or District Manager of
your District Office before submitting an Application for Review. If you are
dissatisfied with the decision your worker has made, the supervisor can
review the decision at your request. The issue may be resolved at this
level. However, if it is not, then you should proceed with Step Two - The
First Formal Level of Appeal.
Step 2 - The First Formal Level of Appeal - The Internal Review
If you do not agree with the decision of the Program Supervisor or District
Manager, you can forward an Application for Review to the Regional Office to
request an Internal Review within 60 days of the District Office’s decision.
Applications received after 60 days shall not be accepted.
You should submit all relevant information with your Application for Review
for consideration during the Internal Review. The Internal Review will
consist of an examination of written documentation, but may include direct
contact with you via telephone. The person or persons conducting the
Internal Review will be employed by the Department of Human Resources,
Labour and Employment but shall not have been involved in the decision you
are appealing.
An Internal Review shall be performed within 15 days of receipt of your
Application for Review by the Regional Office. A written response shall be
mailed to you within five business days of a decision.
Step 3 - The Second Formal Level of Appeal - The Income and Employment
Support Appeal Board
If you are not satisfied with the decision of the Internal Review you can
appeal to the Income and Employment Support Appeal Board. To do this you
must forward an Application for Appeal to the Executive Secretary of the
Board.
The following are some commonly asked questions, and answers, concerning the
process of your Second Level of Appeal.
How much time do I have to make an appeal to the Appeal Board?
You have 60 days from the date of the Internal Review to appeal, in writing,
to the Appeal Board. Appeals received after 60 days shall not be considered.
- What can I appeal to the Appeal Board?
In all cases, decisions made by the District Office must first undergo an
Internal Review. If you are not satisfied with the decision of the
Internal Review then you can appeal that decision to the Appeal Board.
Only decisions confirmed by an Internal Review can be appealed to the
Appeal Board.
- Who are the Appeal Board members?
Members of the Appeal Board are not employees of the provincial
government. The Board is made up of people from the community, appointed
by government. One member shall be a former or current recipient of Income
or Employment Support. An employee of Human Resources, Labour and
Employment serves as the Executive Secretary to the Board but is not
involved in decision making.
- When will I receive notification from the Appeal Board about my
appeal?
The Executive Secretary of the Appeal Board will let you know when the
Board has received your Application for Appeal. The person or persons who
conducted the Internal Review will send all written information about your
case to the Appeal Board. The Board meets regularly to hold hearings. Your
hearing will be held within 30 days of the Board receiving your request.
You will receive a written notice with the date and time of the Hearing at
least seven days prior to same. If you have to travel, the Department can
arrange to pay these costs after the Hearing.
- What will happen at the Appeal?
At the Appeal Hearing, Board members will ask questions and provide you
with an opportunity to state your case. If you believe that another
person, friend or relative, can help you present your appeal, you can ask
him/her to come with you.
If you plan to have a lawyer present, you must inform the Board of this,
in writing, at least one week before the hearing so the Department may
have the option to have legal counsel present to act on its behalf.
Failure to give proper notice may result in your Hearing being postponed.
If you need to cancel or postpone your Hearing please inform the Executive
Secretary of the Board immediately. You can do this by phone at (709)
729-2479 - (call collect if outside of St. John’s), or in writing if there
is enough time. You must inform the Board if you want to cancel or delay
your Hearing. If you do not, the Board will hear the case without you, and
make a decision based only on the information they have.
- When will I be notified of the Appeal Board’s decision?
You will not be given a decision at the end of the Hearing. The Board will
send you a written decision within five days after a decision is made.
- What can I do if I am dissatisfied with the Appeal Board’s decision?
If you do not agree with the Appeal Board’s decision you may take the
matter to the Supreme Court of Newfoundland and Labrador, Trial Division.
It would be advisable to have a lawyer assist you in taking this step.
The Appeals Board
Application for Review (pdf)
Application for Appeal (pdf)
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