Decision 38905

Case Number Claimant Judge Language Decision date
Decision 38905   Tremblay-Lamer  French 1997-10-14
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


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

Summary:

Dismissed for being late for work. Umpire indicated that for misconduct to be proved, the conduct of which the claimant was accused must be voluntary or deliberate, or be the result of such heedlessness or negligence that it borders on the deliberate. Umpire therefore concluded that the BOR had erred in determining that there had been misconduct within the meaning of the Act. Claimant did not display heedlessness because the circumstances that resulted in his lateness, namely a power failure, were beyond his control.


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