Summary of Issue: Sold Smuggled Cigarettes

Decision A0051.10 Full Text of Decision A0051.10

The claimant lost his employment because he had sold smuggled cigarettes to a colleague and his manager, while in his employer's parking lot, wearing his employer's uniform. The employer had a policy which prohibited employees from selling smuggled cigarettes. The BOR held that the claimant's actions did not constitute misconduct. The Umpire upheld the BOR's decision and stated that the file contained no evidence of criminal accusation or conviction in relation to the illegal action. The FCA held that the absence of a complaint or a criminal conviction was not relevant to the issue and reiterated the principle that the BOR does not have to judge the severity of a disciplinary measure, but, rather, should decide whether the action in question constitutes misconduct.