Decision A-0582.98

Case Number Claimant Judge Language Decision date
Decision A-0582.98 Turgeon Michel  Federal  French 1999-11-25
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  41931 


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

Summary:

Claimant was disqualified following his dismissal for absenteeism caused by his alcoholism. BOR allowed the appeal on the grounds that the actions criticized did not indicate intention on the part of the claimant, given his problem. Decision upheld by Umpire. FCA reversed the Umpire's decision, ruling that the mere fact of having an alcoholic problem is insufficient to make the exclusion contemplated in the Act inapplicable to a claimant, especially since there was no medical evidence to that effect on the record.


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