| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
alcohol, drugs and gambling |
|
|
Summary:
Claimant was disqualified following his dismissal for poor performance at work and absenteeism related to alcoholism. Umpire allowed the claimant's appeal on the grounds that the claimant's alcoholism justified his misconduct. FCA reversed the Umpire's decision ruling that the grounds for the claimant's dismissal was not his alcoholism but rather to the numerous warnings from the employer that his overall conduct, including his repeated absences from work and late arrival were unacceptable. The Court also based his decision on the fact that the claimant rejected the help offered by the employer to resolve his problems with his alcoholism.
