| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
alcohol, drugs and gambling |
|
|
Summary:
Claimant given a 2-year probation after being caught smoking a joint at work. Some 22 months later he failed a urine test and was fired. The BOR allowed the claimant's appeal finding that the claimant had an addictive disorder and that the intent of willful misconduct was not present. Held by Umpire that the fact that a person may have a substance abuse disorder, it is incumbent upon that person to take the necessary steps to correct their illness. If they continue working and then abandon their abstinence from alcohol or drug abuse, then it is their act of abandonment which constitutes misconduct and resulting in loss of employment. Commission appeal allowed.
