| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dishonesty |
|
|
Summary:
The claimant, a supervisor of automated tellers, used the employer's card to withdraw $40 outside his hours of work. Noting the claimant's state of depression, the BOR concluded that there was no misconduct because the claimant's psychological state prevented him from assessing the consequences of his act and the requirements of intent and carelessness were not present. Relying on the FCA's decision in Brissette (A-1342.92), the Umpire determined that the act did constitute misconduct. Claimant's application for judicial review summarily dismissed by the Court.
