Decision 17228

Case Number Claimant Judge Language Decision date
Decision 17228   Rouleau  English 1989-11-07
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  oath of employment 

Summary:

Hired in 1980 and verbally informed of requirement of signing oath. Letter sent in 1985 and again in 1987. Warned in 3-87 and given until 7-87 to sign. Charter argument raised but no specific sections mentioned. 3-week disqualification restored.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  refusal to obey orders 

Summary:

The Commission is correct that a claimant's continued refusal to comply with his employer's legitimate and reasonable request is misconduct. The key words are "legitimate and reasonable". One must also act as a reasonable person would.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of provision 

Summary:

The Board erred in law in ruling that the oath violated the claimant's Charter rights in the absence of specific sections of the Charter and applicable jurisprudence being before it.


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