Decision 63563

Case Number Claimant Judge Language Decision date
Decision 63563   Haddad, WJ  English 2005-05-11
Decision Appealed Appellant Corresponding Case
Dismissed  No Employer  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  acts of violence 

Summary:

The employer, who has a zero tolerance policy regarding violence, appealed the BOR's ruling reversing the diqualification imposed to the claimant for striking a co-worker who attacked him. The Umpire stated that conduct by an employee which justifies dismissal does not necessarily amount to misconduct within the meaning of the EI Act. Misconduct for dismissal and misconduct to disqualify from benefits are based on differing concepts. The judge concluded that the Board did not err in ruling there was no misconduct within the meaning of section 30(1) of the EI Act.


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