Decision 76227

Case Number Claimant Judge Language Decision date
Decision 76227   Maximilien Polak  English 2010-12-24
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


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

Summary:

The claimant was dismissed in a letter dated December 1, 2009, because a urine test taken at work showed that he was under the influence of cannabis. The employee booklet clearly states the company’s zero tolerance policy on drugs and alcohol. According to the claimant, he never used any drugs at work or during work hours and he never went to work under the influence of drugs or alcohol. He claimed that he had a puff at 10:00 a.m. and that he was scheduled to start work at 2:30 p.m. The Commission determined that the claimant’s actions, namely, being under the influence of drugs at work, constituted misconduct. The Commission’s appeal is allowed by the Umpire.


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