| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
driving permit |
|
|
Summary:
The claimant was dismissed because he lost his driver's licence, which is an essential requirement for the job. The evidence showed that a police officer found the claimant stretched out on the driver's seat of his vehicle with the engine running. A breathalyser test showed a blood alcohol level over the allowable limit. His driver's licence was revoked on the spot under the Highway Safety Code. The Board of Referees reviewed the evidence and found that the Highway Safety Code prescribes loss of licence for having care of control of a vehicle while impaired, which was the case for the claimant. The reason for dismissal given by the employer was not that the claimant was charged with an offence but that he lost his driver's licence and no longer met one of the essential requirements of his job. There is ample case law, from both Umpires and the FCA, establishing that a claimant who lose their job as a result of losing their driver's licence for offences when a licence is an essential requirement of their job, are guilty of misconduct within the meaning of the EIA.
