Decision 72118

Case Number Claimant Judge Language Decision date
Decision 72118   Marin  French 2009-03-27
Decision Appealed Appellant Corresponding Case
Allowed  No Employer  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  refusal to work overtime 

Summary:

The claimant worked for an oxygen distribution company. Employees were asked repeatedly to be on call for several additional hours. The employer informed the claimant that he had to be on call one week out of six. The claimant refused and was dismissed. The claimant refused to do tasks that were part of his duties as he felt his employer¿s requirements were unreasonable. The claimant's refusal to comply was deliberate. The claimant had to explain why his employer's requirements were unreasonable, he did not do so. There was a breach in the employer-employee relationship. The claimant's actions constituted misconduct. The Umpire rescinded the BOR's decision and the employer's appeal is allowed.


Date modified: