| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dereliction of duty |
railway workers |
|
Summary:
The Board failed to consider whether claimant's actions constituted misconduct. Although the railway company concluded that its rules had been breached, no finding was made by the Board that claimant's actions or omissions constituted wilful or reckless conduct. This was a reversible error of law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
loss of employment |
definition |
|
Summary:
The Board erred in law in dismissing the appeal on the basis that the breach of rules resulted in suspension rather than dismissal. A loss of employment within the meaning of s. 28 includes a suspension as well as a final dismissal. (See CUB 21645)
