| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
court judgments or out-of-court settlements |
|
|
Summary:
The Umpire reasoned that once the employer withdrew the allegations of misconduct pursuant to a settlement agreement, there was no factual basis for supporting a finding of dismissal for cause. Citing its previous decisions in similar cases (Pérusse (A-0309.81), Wile (A-0233.94) and Boulton (A-0045.96)), the FCA ruled that the Umpire had erred. A BOR is not bound by how the employer and employee characterize the grounds on which the employment was terminated. It is the BOR's function to assess the evidence and to arrive at its own conclusion.
