Decision A0176.09
Full Text of Decision A0176.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
unacceptable behavior |
sleep during work hours |
|
Summary:
The Claimant was dismissed for misconduct after being caught sleeping during work hours, despite the explanation that he was sleeping for health reasons. The BOR found that there was no misconduct and the Umpire concluded that the BOR had acted within its mandate. The FCA, on the other hand, held that the determination of whether a dismissal is justified, or not, does not lie with the BOR or the Umpire, but that the determination of whether an act or an omission constitutes misconduct does. The FCA added that the Umpire should have ensured that the BOR had correctly applied the Mishibinijima test in determining misconduct.
