| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
unacceptable behavior |
acts of violence |
|
Summary:
The Commission determined that the claimant had lost her employment due to her own misconduct. The reason given by the employer for dismissing the claimant was that she had physically assaulted a co-worker by biting her. The evidence was that the co-worker in question was giving the claimant advice on how to do her job. The claimant did not appreciate this and a verbal argument ensued. In her letter of appeal to the Umpire, the claimant denied saying negative things about her co-worker. She acknowledged that during an argument with a co-worker, this person was putting her hand in her face. When the co-worker refused to remove her hand, the claimant closed her eyes and bit her. It has been well established in the jurisprudence that violent or threatening behaviour in the workplace towards the employer or co-workers constitutes misconduct warranting a dismissal and a disqualification from receiving benefits. The appeal by the claimant is denied.
