Decision 74065

Case Number Claimant Judge Language Decision date
Decision 74065   Durocher, Denis  English 2010-01-22
Decision Appealed Appellant Corresponding Case
Dismissed  No Employer  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  criminal acts 

Summary:

Claimant was a driver for the employer, who dismissed him because he had used the company's credit card to buy gasoline for his personal automobile. He was filmed at the gas station and a representative of the employer saw the video. The employer wished to press charges against claimant, which was eventually done. The BoR's decision was based on material placed before it; and it did not ignore any material elements. The employers often feel that they have proved claimant's misconduct. However, what they consider bad behaviour sufficient to be cause for dismissal does not necessarily meet the notion of "misconduct" within the meaning of the Act. The employers appeal is dismissed.


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