Decision 51820

Case Number Claimant Judge Language Decision date
Decision 51820   Goulard G.  English 2001-08-17
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


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

Summary:

Claimant fired (decision later modified to a suspension) for sending a slanderous message to a co-worker under the name of the most senior officer in the company using the internal e-mail system. BOR found that the dismissal was extreme and that the incident was not malicious. Held by Umpire that the BOR erred in applying the wrong test and in concluding that the company had withdrawn the severe penalty it had imposed. The company did withdraw the full dismissal but maintained a lenghty suspension without pay.


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

Summary:

Claimant fired (decision later modified to a suspension) for sending a slanderous message to a co-worker under the name of the most senior officer in the company using the internal e-mail system. BOR found that the dismissal was extreme and that the incident was not malicious. Held by Umpire that the BOR erred in applying the wrong test and in concluding that the company had withdrawn the severe penalty it had imposed. The company did withdraw the full dismissal but maintained a lenghty suspension without pay.


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