Decision 37809A

Case Number Claimant Judge Language Decision date
Decision 37809A   Murdoch  English 1998-03-31
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  alcohol, drugs and gambling 

Summary:

Claimant arrived on the job under the influence of alcohol. Umpire ruled that because the claimant appeared for work in a manner which was described by the Safety Manager as unable to safely perform his duties, he was guilty of a conduct which was inconsistent with the due and faithful discharge of the duties for which he was engaged. Consuming alcohol before appearing for work implies an element of wilfulness or recklessness approaching wilfulness in the claimant's conduct. Ref. to Tucker(A-0381.85).


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