Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
misconduct |
driving permit |
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Summary:
The claimant was suspended because he no longer had a driver's license for failure to pay outstanding tickets - he was subsequently dismissed upon return to work despite having had his licence reinstated. There is no doubt that the claimant, by failing to pay his outstanding tickets, brought about the loss of his driver's license and that he could have been fired for that reason since performing deliveries was an essential requirement of his employment. But the Board and the Umpire found as a fact that the employer decided not to dismiss but rather to suspend briefly to see if the license could be re-acquired. The claimant having been initially suspended could not have been dismissed for misconduct since his license had been re-instated at the time of his dismissal.