| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
criminal acts |
|
|
Summary:
The Commission denied benefits since it was of the view that the claimant lost her employment by reason of her own misconduct. While holding a position of trust with her employer, the claimant has fraudulently used a credit card belonging to her employer to charge without its consent and knowledge a substantial amount of personal expenses. As the claimant had several children to take care of, the employer decided against pressing criminal charges against the claimant, reserving its right to press civil charges if not reimbursed. In the present affair, there are no contradiction between the employer's and claimant's statements: the claimant's use of the employer's credit card combined to her attempt to cover up that use by withholding the employer's statement was not accidental; the claimant's scheme was such that it had to be planned and deliberate. There is no doubt that it constituted misconduct, and that the Board's decision to that effect is well founded in fact and in law. In addition, the claimant admitted the theft of funds through the employer's credit card and confirmed having been dismissed for that reason. The appeal by the claimant is dismissed.
