Decision 23544

Case Number Claimant Judge Language Decision date
Decision 23544   Gibson  English 1993-11-23
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  harassment 

Summary:

On numerous night shifts when claimant was in charge, there were incidents of sexual harassment of staff and inappropriate actions related to the care of residents. Dismissed because she was aware of these actions and did not stop them nor notify management so that action could be taken.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  oral or written 

Summary:

While direct testimony (claimant at hearing) before the primary finder of fact is generally to be preferred in such matters (misconduct), the Board is not bound by legal and technical rules of evidence. It was entitled to rely on the evidence that it chose to believe (written statement from others).


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