Summary of Issue: Dual Reason For Dismissal

Decision 75015 Full Text of Decision 75015

The reason for dismissal by the employer was that the claimant, who had previously been warned several times about his behaviour, had gotten into a shouting match with a customer and had threatened to punch him in the face. The employer recounted many incidents in which the claimant had been involved and which had led to complaints from customers. The employer indicated that among other things, the claimant-a garbage collector-had not been picking up all the garbage cans and that he had been throwing into the truck garbage cans which, in his opinion, did not meet certain criteria. The employer brought complaints from the public to the claimant's attention, he denied all responsibility and responded using coarse language and was even aggressive. The employer feared that the claimant would ultimately assault members of the public and decided to dismiss him after a final incident involving threats of violence. The appeal by the Commission's is allowed and the decision of the Board of Referees is rescinded.

Decision 14193 Full Text of Decision 14193

Refer to: A-1040.87

Decision A-1040.87 Full Text of Decision A-1040.87

According to Umpire, abusive language towards employer is misconduct, but not participation to setting up union. As per DAVLUT, disqualification may be reduced if both reasons coexist. That is precisely what the Board did, from 6 to 4 weeks. Upheld by FC.

Decision 13010 Full Text of Decision 13010

[Dismissed because of inexperience and lack of punctuality]. I acknowledge that there may have been an element of inexperience dismissing him. I would reduce disqualification from 6 weeks to 3.

Decision A-0241.82 Full Text of Decision A-0241.82

If the Umpire or Board finds that the dismissal was due partly to misconduct under 41(1) and partly to union lawful activity in 41(2), it may be appropriate to reduce the disqualification under 43(1) to reflect the lawful activity.