| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
merit of dismissal |
|
|
Summary:
From the moment misconduct is established, it is the employer's responsibility to decide on the appropriate sanction. In the proceeding, the Board could not replace the employer's opinion as to the appropriate punishment with its own. The Board therefore erred in taking the liberty to recommend a graduated sanction.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
discretionary power |
|
Summary:
From the moment misconduct is established, it is the employer's responsibility to decide on the appropriate sanction. In the proceeding, the Board could not replace the employer's opinion as to the appropriate punishment with its own. The Board therefore erred in taking the liberty to recommend a graduated sanction.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
misconduct |
leave of absence denied |
|
Summary:
Aware that the employer had not agreed to the leave requested, claimant deliberately chose not to report to work. Claimant knew that in doing so he was going against the employer's orders and could create problems for himself.
