Decision 71841

Case Number Claimant Judge Language Decision date
Decision 71841   Goulard G.  English 2009-01-30
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  absences from work  Alchoholism 

Summary:

The reasons given by the employer for dismissing the claimant were his problems of absenteeism and showing up for work intoxicated. The final incident was when the claimant showed up for work so intoxicated that the security personnel had to escort him out of the building and send him home by taxi. There had been other instances where the claimant had not shown up for work for up to five days without calling. In his notice of appeal, the claimant denied showing up for work intoxicated or having missed work without reason. At the hearing, he acknowledged that he might have gone to his place of employment while drunk but that he was not working that day. I note that in his application for benefits the claimant had stated that he had been dismissed because of his absenteeism. The Board concluded that this constituted misconduct pursuant to the EIA. The employer had provided dates on which the claimant had showed up for work intoxicated. This had been witnessed by several employees. The claimant did not present any evidence to contradict the employer's evidence. The claimant did not establish that the BOR erred in its decision. The appeal is dismissed.


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