Decision 72443

Case Number Claimant Judge Language Decision date
Decision 72443   Haddad, WJ  English 2009-05-27
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 claimant was dismissed on February 29th, 2008 because the absences were frequent, wilful, deliberate and had a negative affect on the employer-employee relationship. Claimant's conduct amounted to misconduct justifying his dismissal. The claimant gave his cocaine addiction as the reason for his absenteeism and he contends that his alcohol and drug addiction is an illness and that his dismissal was wrongful and because of his illness he was not guilty of misconduct. The use of alcohol and drugs is a wilful act, which is deliberately self-inflicted and cannot be relied upon to avoid a finding of misconduct. The appeal is dismissed by the Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  misconduct  alcohol, drugs and gambling 

Summary:

The claimant was dismissed on February 29th, 2008 because the absences were frequent, wilful, deliberate and had a negative affect on the employer-employee relationship. Claimant's conduct amounted to misconduct justifying his dismissal. The claimant gave his cocaine addiction as the reason for his absenteeism and he contends that his alcohol and drug addiction is an illness and that his dismissal was wrongful and because of his illness he was not guilty of misconduct. The use of alcohol and drugs is a wilful act, which is deliberately self-inflicted and cannot be relied upon to avoid a finding of misconduct. The appeal is dismissed by the Umpire.


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