Decision 42431

Case Number Claimant Judge Language Decision date
Decision 42431   Marin  French 1998-10-23
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


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

Summary:

In determining misconduct under the Act, it is a question not necessarily of whether or not there is a criminal conviction but of whether the claimant's actions seriously jeopardized the employer's interests.


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

Summary:

Counsel for claimant maintained that as long as the determining factor in dismissal is theft, the theft should be established by criminal conviction. Umpire refuted this argument, saying that, even without a conviction, misconduct based on lack of integrity or dishonesty may lead to dismissal within the meaning of the Act.


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

Summary:

Counsel for claimant maintained that as long as the determining factor in dismissal is theft, the theft should be established by criminal conviction. Umpire refuted this argument, saying that, even without a conviction, misconduct based on lack of integrity or dishonesty may lead to dismissal within the meaning of the Act.


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