Decision 39616

Case Number Claimant Judge Language Decision date
Decision 39616   Urie  English 1997-12-02
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  breach of rules 

Summary:

It is clear from the jurisprudence that conduct which results in an essential condition of employment having been breached, whether that condition is express or implied, constitutes misconduct in the legal sense. In this case, the collective agreement that the employee provide the employer with appropriate medical information to support his request for continued leave of absence from his employment, which he failed to do. There was a causal connection between the breach and the dismissal and this is a requirement to sustain a finding of misconduct.


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

Summary:

It is clear from the jurisprudence that conduct which results in an essential condition of employment having been breached, whether that condition is express or implied, constitutes misconduct in the legal sense. In this case, the collective agreement that the employee provide the employer with appropriate medical information to support his request for continued leave of absence from his employment, which he failed to do. There was a causal connection between the breach and the dismissal and this is a requirement to sustain a finding of misconduct.


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