Decision 71513

Case Number Claimant Judge Language Decision date
Decision 71513   Marin  English 2008-12-08
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 Board of Referees had to determine whether the claimant lost his employment as a result of his own misconduct. The misconduct complained of is consuming a can of beer in the employer's warehouse, contrary to company policy. The fact remains, however, the conduct of the claimant was in breach of company policy; the company considered it misconduct and the claimant was dismissed. The claimant does not dispute the existence and his knowledge of the policy and agrees his actions were wrong. As per the Umpire, the consumption of alcohol during company time and on company property constitute misconduct. The claimant stated in his submission that "it was just stupid that I did". The Commission’s appeal is allowed.


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