The WCB is a tribunal, and it has the power to order the reinstatement of an employee. They can look into issues such as the dismissal of an employee or the payment of damages. You will need to appeal in most cases.
In some cases, the Tribunal’s decision on your appeal can go further to the Employment Appeal Tribunal, where your case will be heard. If this option is not available, the appeal will be considered by a panel of three members of the Appeal Tribunal. Each member will review the facts and law of your case. At the end of the appeal process, the Employment Tribunal will decide whether you have succeeded or failed in your appeal.
You have the right to appeal WCB decision at the Tribunal, and you should do so as soon as possible. When you are appealing under the Fair Trading Act, you should give written notice of your intention to appeal. It is very important to provide a clear explanation as to why the WCB decision is wrong. You also have the right to appeal under the Code of Practice to the WCB. In most cases, the appeal will be successful, as it should, but it will depend on what your employer or the employer’s solicitors have to say about it. If your appeal is unsuccessful, you will need to take further action to properly consider your claim.
There are two different methods that you may choose to use to appeal to your WCB decision. You may choose to take up your claim at the Employment Tribunal, or you may go straight to the WCB. At hearing your appeal, the panel will consider all of the evidence you have presented and may have questions for you or your employer. However, the main purpose of the hearing is to determine whether or not the facts and arguments put forward by you have a reasonable chance of success.
The panel can uphold the appeal WCB decision, or they can dismiss it. In other words, if the panel decides that you have a reasonable chance of success, you will receive compensation from your employer. If your claim is unsuccessful at the Tribunal, the appeal to the WCB will be successful only if you were able to prove that there is some sort of mistake in the original decision or, more importantly, that the WCB made the wrong decision.
