Decision 71281

Case Number Claimant Judge Language Decision date
Decision 71281   Stevenson  English 2008-10-29
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  breaches of company policy 

Summary:

The claimant was employed part time as a school bus driver. A young pupil on his bus was misbehaving. At one of the stops the claimant asked the mother of a child who was boarding the bus if she knew the misbehaving boy. She did. The claimant asked her to take the boy and call his mother. The woman agreed and the claimant left the boy with her. He did not report his action to the school. The boy's mother complained. The employer's policy clearly stated that a passenger might not be put off the bus for disciplinary reasons and should never be discharged at any point other than his or her designated stop without instructions from the dispatcher. There is no doubt that the conduct alleged to be misconduct was the discharge of a pupil at an unauthorized point. That was in violation of the employer's policy and it led to the claimant's dismissal. The Commission's appeal is allowed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  unacceptable behavior 

Summary:

The claimant was employed part time as a school bus driver. A young pupil on his bus was misbehaving. At one of the stops the claimant asked the mother of a child who was boarding the bus if she knew the misbehaving boy. She did. The claimant asked her to take the boy and call his mother. The woman agreed and the claimant left the boy with her. He did not report his action to the school. The boy's mother complained. The employer's policy clearly stated that a passenger might not be put off the bus for disciplinary reasons and should never be discharged at any point other than his or her designated stop without instructions from the dispatcher. There is no doubt that the conduct alleged to be misconduct was the discharge of a pupil at an unauthorized point. That was in violation of the employer's policy and it led to the claimant's dismissal. The Commission's appeal is allowed.


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