Summary of Issue: Leave Of Absence Denied

Decision 71835A Full Text of Decision 71835A

The claimant had scheduled holidays for the weeks of October 8 and October 15, 2007. He later requested to change his holiday to have to week of October 1, 2007 off. This request was denied. The claimant indicated that a supervisor had earlier told him there should be no problem in changing his holiday schedule. Based on that information the claimant bought an air ticket to travel to Mexico with his girlfriend the week of October 1, 2007. The ticket was not transferrable and not refundable. The claimant was told verbally that his request to have the week of October 1, 2007 off had been denied and that he was expected to show up for work that week. The claimant nevertheless took the week of October 1, 2007 off and travelled as he had planned. When he returned, his employment had been terminated. The BOR reviewed the evidence and concluded that the claimant's action, of taking holidays he knew were not approved and knowing that this would be detrimental to his employer, constituted misconduct pursuant to the EIA. The Umpire agreed with the Board's majority that, in this case, the claimant's conduct had been wilful and deliberate. The appeal is dismissed.

Decision 70396 Full Text of Decision 70396

Absenting oneself when the employer has refused authorization may be viewed as misconduct, especially when the claimant was formally warned by the employer of the risk being taken by defying orders. The claimant had applied for time off in order to visit her ailing mother. The employer approved her leave from April 30th, 2007 until May 23rd, 2007. The employer advised her that she would be terminated if she did not return by May 24th, 2007. When someone asks for leave which is denied, the failure to respect the employer's requirement is recognized as a breach of trust between employer and employee, which is misconduct per se.

Decision 65777 Full Text of Decision 65777

Claimant informed employer of his need for a continued leave of absence eight days after his scheduled return to work. Employer dismissed claimant for being absent without authorization. Claimant¿s continuous absence without authorisation constitutes a conscious and recurrent disregard of the employer¿s interest, amounting to misconduct.

Decision 52302 Full Text of Decision 52302

Claimant lost her employment by refusing to work on a weekend for which she was scheduled to do so. The BOR felt that a refusal to work as sheduled was an act of defiance and can only be characterized as misconduct. Decision upheld by the Umpire: it was necessary for her then to deal with the issue rather than just defy the schedule and not turn up for work.

Decision 40612 Full Text of Decision 40612

Ever though she did not have the approval of the employer. Claimant advised the employer she would leave and resume employment in 4 months. Leaving her employment was a blatant defiance by claimant of her employer's denial of her request for 4 months leave of absence and is misconduct. Her lack of respect for her employer was indeed intentional and wilful disregard of her employer's interest and of the standard of behaviour the employer has the right to expect of her.

Decision 38100 Full Text of Decision 38100

Aware that the employer had not agreed to the leave requested, claimant deliberately chose not to report to work. Claimant knew that in doing so he was going against the employer's orders and could create problems for himself.

Decision A-0471.95 Full Text of Decision A-0471.95

Leave not approved and, despite warning, claimant took time off from work. Claimant disqualified for misconduct and decision upheld by the BOR and the Umpire. Appeal allowed by the FCA, which repeated that it had been wrong to think for a moment that the employer's opinion that there was misconduct justifying dismissal could suffice. On the contrary, an objective assessment was required to determine whether misconduct had really been the cause of the loss of employment.

Decision 23724 Full Text of Decision 23724

Refer to: A-0648.94

Decision A-0648.94 Full Text of Decision A-0648.94

Teacher who took an unauthorized leave of absence (4 weeks) at Christmas time to go and visit acquaintances in Nigeria. She was discharged by reason of her misconduct which consisted of her leaving her job without permission of the School Board.

Decision 28142 Full Text of Decision 28142

Refer to summary indexed under FCA A-0471.95

Decision 25525 Full Text of Decision 25525

Absence from work, notably without permission and after having been specifically asked to be in attendance on the days in issue, is just cause for dismissal. Arranging for a replacement in the face of the specific request which had been made is no justification for the claimant's actions.

Decision 12421 Full Text of Decision 12421

Failure to report for work generally constitutes misconduct. Requested 4-day leave denied. Nevertheless he chose to attend the Cardinal's funeral in Italy. He may have had valid personal reasons but this is misconduct. Disqualification reduced to 1 week. [p. 3-4]

Decision 11450 Full Text of Decision 11450

The purpose is not to provide UI for one whose foreman almost implores him not to take time off. That is misconduct with one's eyes wide open to the probable consequence. It matters not that others got away with it. [p. 5]

Decision 10950 Full Text of Decision 10950

Teacher who, despite leave denied, absented herself 2 weeks to go and protest nuclear power policies. Strong views expressed by dissenting referee but unsound reasons. Claimant not suspended due to her beliefs but absence from work. 3-week disqualification upheld.

Decision A-1055.83 Full Text of Decision A-1055.83

According to the board, claimant refused to go in to work on a holiday because he believed he would not be paid overtime. The Umpire was wrong to say that the board was mistaken as to the meaning of misconduct. No erroneous finding of fact.