Decision A-0402.96

Case Number Claimant Judge Language Decision date
Decision A-0402.96 MCKay-Eden Karen  Federal  English 1997-05-28
Decision Appealed Appellant Corresponding Case
Allowed Majority - Returned to the ump  No Claimant  33360 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  definition 

Summary:

Claimant was dismissed on the ground of breaching the hospital's confidentiality policy she accessed a patient's file not in her care. FCA set aside Umpire's decision because he did not determine whether the conduct was wilful or reckless to the point of being wilful. Matter referred back to the Chief Umpire for redetermination on the basis that the claimant did not lose her job by reason of her own misconduct.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  breach of rules 

Summary:

Claimant was dismissed on the ground of breaching the hospital's confidentiality policy she accessed a patient's file not in her care. FCA set aside Umpire's decision because he did not determine whether the conduct was wilful or reckless to the point of being wilful. Matter referred back to the Chief Umpire for redetermination on the basis that the claimant did not lose her job by reason of her own misconduct.


Date modified: