| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
alcohol, drugs and gambling |
|
|
Summary:
The claimant was dismissed when caught smoking marijuana outside the plant at the end of his shift. The BOR found that the Commission had failed to establish that the claimant either knew or was reckless in not knowing his actions would lead to his dismissal. The Court touches on the responsibility of the Commission to prove that the loss of employment is due to misconduct and finds that the Umpire erred in law in reversing the Board's decision.
