Decision 41355

Case Number Claimant Judge Language Decision date
Decision 41355   Hollingworth  English 1998-06-29
Decision Appealed Appellant Corresponding Case
Allowed  No Employer  -


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

Summary:

Claimant was caught asleep on the job by a supervisor, who submitted that this is wilful misconduct. BOR found that each witness was credible and decided that the claimant should have the advantage. Umpire found that based on the evidence, claimant had a history of insubordination, particularly sleeping on the job. He concluded that BOR has made in error of law and of fact and that there was misconduct on the claimant's part.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  weight of statements 

Summary:

Claimant was caught asleep on the job by a supervisor, who submitted that this is wilful misconduct. BOR found that each witness was credible and decided that the claimant should have the advantage. Umpire found that based on the evidence, claimant had a history of insubordination, particularly sleeping on the job. He concluded that BOR has made in error of law and of fact and that there was misconduct on the claimant's part.


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