| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dishonesty |
|
|
Summary:
The claimant, an employee of Labatt’s Brewery, was dismissed for having kept a cellular phone he had won at one of his employer’s promotional events, although he was not allowed to participate in the draw. BOR allowed the claimant’s appeal because the employer had not reminded his employees that they were not eligible for such draws and no compelling evidence demonstrated the claimant was aware of the rule. BOR erred in law according to the Umpire. The claimant’s behaviour indicated he knew his behaviour was incorrect or at least had serious doubts about it when he selected the beer case he knew contained a cellular phone. Trust had been destroyed and the employer had no other choice but to dismiss the employee. Commission’s appeal allowed.
