Decision 41667A

Case Number Claimant Judge Language Decision date
Decision 41667A   Salhany  English 1999-06-10
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


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

Summary:

Claimant arrested on 27-12-96, incarcerated for a breach of probation and sentenced to a term of imprisonment. He was released on 22-03-97. Neither he nor his father did call his work to notify them of his absence. Claimant claimed that he made every reasonable attempt to contact his employer but was physically unable to do so because of incarceration. Referring to FCA decision in Brissette (A-1342.92), Umpire held that if, due to his misconduct outside of the workplace, he is unable to fulfil that contract, then he has lost his job due to misconduct.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  criminal acts 

Summary:

Claimant arrested on 27-12-96, incarcerated for a breach of probation and sentenced to a term of imprisonment. He was released on 22-03-97. Neither he nor his father did call his work to notify them of his absence. Claimant claimed that he made every reasonable attempt to contact his employer but was physically unable to do so because of incarceration. Referring to FCA decision in Brissette (A-1342.92), Umpire held that if, due to his misconduct outside of the workplace, he is unable to fulfil that contract, then he has lost his job due to misconduct.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  elsewhere than at work 

Summary:

Claimant arrested on 27-12-96, incarcerated for a breach of probation and sentenced to a term of imprisonment. He was released on 22-03-97. Neither he nor his father did call his work to notify them of his absence. Claimant claimed that he made every reasonable attempt to contact his employer but was physically unable to do so because of incarceration. Referring to FCA decision in Brissette (A-1342.92), Umpire held that if, due to his misconduct outside of the workplace, he is unable to fulfil that contract, then he has lost his job due to misconduct.


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