Summary of Issue: Real Reason For Dismissal

Decision 70855 Full Text of Decision 70855

The claimant worked as a security guard and needed a licence issued by the government to perform his job. He could not renew his licence because he had a criminal record (impaired driving). His employer gave him the choice of being dismissed on the spot or resigning. He preferred to resign to avoid having a bad record. The Board of Referees erred in fact and in law. The claimant could no longer work as a security guard without a licence for that purpose. He could not renew his licence because of his offence. Therefore, clearly, he lost his employment because of that offence, which constitutes misconduct within the meaning of the Act. Although the employer wanted to do the claimant a favour in giving him the choice of resigning, it is evident that the misconduct existed at the time of his resignation.

Decision A-0152.96 Full Text of Decision A-0152.96

Claimant fired after five years for using the office phone to make long distance personal phone calls. She admitted making the calls and promised to reimburse the employer. The employer first accepted her explanation but laid her off three weeks later and subsequently modified the reason for separation to misconduct. Citing Secours (A-352-94), Joseph (A-636-85) and Davlut (A-241-82), the umpire was of the view that the employer merely used the incident as an excuse for firing the claimant and returned the case back for rehearing by a new BOR. The FCA refused to interfere.

Decision 26471A Full Text of Decision 26471A

The claimant's admission of misconduct does not allow the Board, nor the Umpire, to srutinize the employer's mind to determine if additional reasons prompted his decision to dismiss him. The fact is that he was fired and that the alleged misconduct has been admitted.

Decision 25896A Full Text of Decision 25896A

Claimant was terminated by reason of shortage of work and change in ownership of company. It was discovered after his departure that he had misappropriated company funds ($140,000) and subsequently repaid the funds. Held that the circumstances ought not to shelter him from the application of s. 28.

Decision 22273 Full Text of Decision 22273

The employer was not satisfied with the speed of the claimant's work nor with the wages that he had contracted to pay him. It is my clear impression that misconduct alleged here (absence from work for one day without notice) was the excuse and not the real reason for the dismissal.

Decision 14539 Full Text of Decision 14539

The only fact considered by CEIC is that the insured has broken the employer's rules and no one knows when the incident occurred. It appears that this fact has no direct link with the firing and that it is an excuse rather than an actual ground for dismissal. [pp. 6 to 8]

Decision 13811 Full Text of Decision 13811

As stated in CUB 9085, s.41 requires that loss of employment be "by reason" of the misconduct and not merely an excuse for it. Here claimant gave his employers the excuse they had been looking for to get rid of him.

Decision A-0434.82 Full Text of Decision A-0434.82

The fact employer did not dismiss claimant until some time after end of strike, that employer referred to other circumstances involved in decision to dismiss clt and absence of evidence of what such circ. were were all relevant in deciding whether dismissal due to misconduct. Umpire was of the view that claimant was fired to be made an example of. This does not make the dismissal any the less dismissal for participation in the illegal strike.

Decision A0834.82 Full Text of Decision A0834.82

It is enough that misconduct is a partial cause of claimant's dismissal. Otherwise, the word "only" or a similar word would have to be read into ss.41(1). Well accepted principle of statutory interpretation that such an expedient is to be avoided. The fact that other employees guilty of similar misconduct [illegal walkout] were not dismissed is not germane to issue except with respect to length of disqualification. Even if claimant chosen to be made an example of, misconduct was a partial cause of dismissal and is enough.