Decision 25462

Case Number Claimant Judge Language Decision date
Decision 25462   Muldoon  English 1994-10-14
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  court judgments or out-of-court settlements 

Summary:

The agreement calls for the employer to accept a letter of resignation, and for the claimant to withdraw his grievance. Claimant submits that this memorandum of agreement effectively withdraws the allegation of misconduct. Held that the wording of the agreement did not have such an effect.


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

Summary:

Claimant's representative fastens on the referees' sentence that there is no doubt that claimant used bad judgment in his decisions. But his bad judgment was exercised over 5 years. Bad judgment does not necessarily mean a mere mistake. It can also characterize a deliberate infraction.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  justification  others misconduct themselves 

Summary:

By giving preferential treatment to some employers, contrary to instructions, it is argued that claimant, a government officer, was merely following the actions put forth by his immediate supervisor as well as other senior officials in the work place. However, the objective misconduct still exists.


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