| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
absences from work |
|
|
Summary:
The claimant had been employed by a company for over ten years. On the weekend of July 21-22, 2007 he was arrested for an alleged assault and was not released from custody until late in the afternoon of Monday, July 23. The next day the employer dismissed him. The employer stated they dismissed the claimant for not being able to report to work because he was incarcerated. This action resulted in his dismissal, as the incident and incarceration prevented him from fulfilling his obligation to be at work. This conduct, which is clearly misconduct, caused his loss of employment. An employee's conduct, on or off the job, that lands him in trouble with the law and results in his being deprived of his liberty, puts him in a situation where he cannot report for work. It is not the alleged offence but rather the inability to report for work that constitutes misconduct. The appeal is dismissed.
