| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
breaches of company policy |
|
|
Summary:
The claimant when hired signed a contract which forbid the sale of tobacco to minors and he was present at three staff meetings during which employees were warned by the employer's manager that if any of them were caught selling cigarettes to anyone under the age of 19 the result would be automatic dismissal. The claimant, a youth of 17 years of age, was seen on video selling cigarettes to himself. That act violated a law in the province forbidding the sale of tobacco products to any person under the age of 19 and a federal law which forbids the sale of those products to anyone under 18 years of age. In the province, a retailer is prohibited from selling tobacco to minors and if convicted of selling offence a retailer is subject to a substantial fine. The employer terminated the claimant's employment because he defied the prohibition of the sale. The claimant admitted that he sold cigarettes to himself and that he was aware of the prohibition of selling tobacco to minors. The appeal is dismissed.
