| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
misconduct prior to employment |
|
|
Summary:
The claimant, a pipefitter, was required as a condition of new employment to submit to a drug test to access the employer's work site. Shortly after the employment start, the claimant was informed that the drug test was positive for a particular active ingredient in marijuana and was dismissed accordingly. The Court reversed the Umpire's decision re-affirming the following principles. Misconduct can result from an act or omission prior to taking the employment from which the employee is subsequently dismissed if that misconduct is the cause of the dismissal from employment. The Act speaks of a loss of "any employment" as a result of misconduct and does not limit a disqualification to the employment occupied at the time of the misconduct. The relationship between employment and misconduct is not one of timing but of causation. The Court took into account the following decisions: Smith (A-875-96), Fakhari (A-732-95), Namaro (A-834-85), Jewell (A-236-94), Secours (A-352-94) and Langlois (A-96-95).
