Decision 41470

Case Number Claimant Judge Language Decision date
Decision 41470   Péloquin  French 1998-07-15
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  absences from work 

Summary:

Dismissed for showing up late for work or not showing up at all with no notice. Umpire found that the claimant’s behaviour could not be considered as voluntary and deliberate within the meaning of the Tucker decision A-0381.85, since the medical report clearly showed that his behaviour was not voluntary but caused by his illness, alcoholism. Therefore, he did not lose his employment because of his own misconduct within the meaning of the Act.


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

Summary:

Dismissed for showing up late for work or not showing up at all with no notice. Umpire found that the claimant’s behaviour could not be considered as voluntary and deliberate within the meaning of the Tucker decision A-0381.85, since the medical report clearly showed that his behaviour was not voluntary but caused by his illness, alcoholism. Therefore, he did not lose his employment because of his own misconduct within the meaning of the Act.


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

Summary:

Dismissed for showing up late for work or not showing up at all with no notice. Umpire found that the claimant’s behaviour could not be considered as voluntary and deliberate within the meaning of the Tucker decision A-0381.85, since the medical report clearly showed that his behaviour was not voluntary but caused by his illness, alcoholism. Therefore, he did not lose his employment because of his own misconduct within the meaning of the Act.


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