| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dishonesty |
|
|
Summary:
2 tape recorders listed as missing were found in claimant's briefcase. Claimant suspended without pay pending investigation and trial on criminal charges.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
|
|
Summary:
One can envisage a criminal charge being laid and the Crown failing to establish guilt beyond reasonable doubt. After trial, decision on misconduct would still stand, assuming it is agreed employer acted in good faith and upon reasonable ground. See CUB6210.
If Board had conducted a "trial" and determined claimant took the machines it would clearly have exceeded its jurisdiction as stated in CUB 5025. Employer did act in good faith and upon reasonable grounds in dismissing claimant for misconduct.
