| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
demerit points |
|
|
Summary:
The claimant had been working as a limousine driver and was dismissed because of his driving record. He received five separate memos of discipline which showed improper conduct, as well as three speeding tickets. Acts of speeding are deliberate acts and are certainly reckless when you reach a point where you are driving 95 km an hour in a 50 km zone. In this case, it is clear that the claimant was in a position of driving a limousine for his employer and at funerals, and this demands proper conduct both as to the driving as well as the conduct during the funeral procedures. According to the Umpire, the final incident justified the claimant being dismissed for misconduct as this act was clearly excessive and should be considered a reckless act which warranted his dismissal. Appeal dismissed.
