Summary of Issue: Accidents

Decision 53681 Full Text of Decision 53681

Claimant was struck on the head when he entered an area of his plant which had been taped off and marked "danger". His entry was contrary to the company's safety protocol and in breach of the company's safety rules. He was wilful and deliberate when he entered the danger area and it was so reckless that it approached wilfulness. He knew that it was wrong for him to do it but he decided to take that chance.

Decision 39737 Full Text of Decision 39737

Dismissed because he was involved in a motor vehicle accident. A single accident does not necessarily suggest misconduct, however, there are other incidents in the file which show a pattern of conduct and a breach of employer policy by the claimant in his failure to report the accident, in addition to his previous involvement in similar incidents. This conduct led to his dismissal.

Decision 38287 Full Text of Decision 38287

BOR had before it evidence of claimant's breach of company policy by failing to report an accident in which he was involved. Furthermore, claimant had already breached this policy on a previous occasion and had been suspended for doing so. The fact that the accident was not his fault and that there was no damage to the company vehicule does not alter the conclusion that he made a conscious choice to disregard company policy and as a result was dismissed from his job. There was clearly evidence to support the BOR's conclusion that he lost his job by reason of his own misconduct.

Decision 17518 Full Text of Decision 17518

Nobody deliberately intends to have an accident but a driver who, after having had 1 or 2, continues to drive at excessive speeds or recklessly so as to have further accidents and after having been warned to be more careful, is clearly guilty of misconduct.

Decision 16980 Full Text of Decision 16980

The Board's finding is one of fact. The circumstances of this case support the conclusion of misconduct. Claimant, a truck driver, had had 6 accidents in 3 1/2 years and had not improved despite repeated warnings and a previous dismissal and reinstatement.

Decision 12047 Full Text of Decision 12047

Cannot conclude there was misconduct merely because employee frequently injured himself working even though did it in manner considered dangerous; injuries too serious to believe he did it deliberately.