| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
justification |
|
|
Summary:
The claimant was a retail sales manager. One of her responsibilities was to open the store on time at 10.00 a.m. There is evidence in the record of several dates on which the store opened between eight and 30 minutes late. The employer said it had warned the claimant about her tardiness but it did not have any records of written warnings or of the dates of verbal warnings. On December 4, 2007 the claimant was late again. She says four minutes, the employer says 15 minutes. She says she was late because of a delay on the subway. The employer immediately dismissed her. Whether a claimant lost her employment by reason of her misconduct is a question of mixed law and fact. The standard of review an umpire must apply to the decision of a Board of Referees is that of reasonableness. The BOR accepted her evidence that she was late that day because of a delay in the public transportation system. Thus was not a wilful or deliberate act. That was a reasonable finding. The Umpire dismissed the employer's appeal.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
lateness |
|
|
Summary:
The claimant was a retail sales manager. One of her responsibilities was to open the store on time at 10.00 a.m. There is evidence in the record of several dates on which the store opened between eight and 30 minutes late. The employer said it had warned the claimant about her tardiness but it did not have any records of written warnings or of the dates of verbal warnings. On December 4, 2007 the claimant was late again. She says four minutes, the employer says 15 minutes. She says she was late because of a delay on the subway. The employer immediately dismissed her. Whether a claimant lost her employment by reason of her misconduct is a question of mixed law and fact. The standard of review an umpire must apply to the decision of a Board of Referees is that of reasonableness. The BOR accepted her evidence that she was late that day because of a delay in the public transportation system. Thus was not a wilful or deliberate act. That was a reasonable finding. The Umpire dismissed the employer's appeal.
