| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
leave of absence denied |
|
|
Summary:
The claimant had scheduled holidays for the weeks of October 8 and October 15, 2007. He later requested to change his holiday to have to week of October 1, 2007 off. This request was denied. The claimant indicated that a supervisor had earlier told him there should be no problem in changing his holiday schedule. Based on that information the claimant bought an air ticket to travel to Mexico with his girlfriend the week of October 1, 2007. The ticket was not transferrable and not refundable. The claimant was told verbally that his request to have the week of October 1, 2007 off had been denied and that he was expected to show up for work that week. The claimant nevertheless took the week of October 1, 2007 off and travelled as he had planned. When he returned, his employment had been terminated. The BOR reviewed the evidence and concluded that the claimant's action, of taking holidays he knew were not approved and knowing that this would be detrimental to his employer, constituted misconduct pursuant to the EIA. The Umpire agreed with the Board's majority that, in this case, the claimant's conduct had been wilful and deliberate. The appeal is dismissed.
