| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
proof |
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|
Summary:
The claimant, a prison guard, was dismissed for allegedly admitting to selling contraband tobacco to inmates and was later arrested and charged with breach of trust. The Umpire agreed with the Commission that a finding of misconduct could be made while a criminal trial was pending. The Umpire also said that the Commission had the onus of proving on a balance of probabilities that the action did constitute misconduct. The Umpire concluded that the only evidence before the Board were vague claimant admissions of selling tobacco. The Court said the admissions were hearsay and no copy of the claimant's alleged admissions to the employer were provided despite the Commission's request. The Court was unable to find that the Umpire erred in concluding that the Commission had not satisfied its onus of proof.
