Decision A-0538.04

Case Number Claimant Judge Language Decision date
Decision A-0538.04 Richard Bernard  Federal  French 2005-10-19
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  61404 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  alcohol, drugs and gambling 

Summary:

The claimant lost his employment due to repeated absences from work related to alcoholism. The Federal Court concluded that the claimant could only know that such breaches to his employment contract were such that it was normally predictable that he could lose his job. The Court stated that it was an error of law to say that alcoholism can be used to justify one's own misconduct and quashed the Umpire's decision.


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