| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
acts of violence |
|
|
Summary:
The claimant had been dismissed because he had violently assaulted his supervisor and the president of the company to obtain his pay. The claimant asked the Commission to review its decision to disqualify him from benefits in light of his having been acquitted by the Municipal Court of the charges of assault towards his employer which brought about his dismissal. According to the Umpire, it is not necessary to prove the assault beyond a reasonable doubt before the Board of Referees which, basing itself on the evidence at hand, found that the claimant had committed unacceptable acts of assault against his employer. Even though the Municipal Court found that the claimant had not committed a criminal act, the Board of Referees was able to find that the claimant's actions constituted misconduct within the meaning of the Act.
