Decision 38774

Case Number Claimant Judge Language Decision date
Decision 38774   Haddad  English 1997-10-01
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of facts 

Summary:

Dismissed for failing on 3 occasions to report for work. Umpire found that the BOR erred in law because it didn't examine the evidence to determine the reason in each instance for the claimant's failure to report for work and to further determine whether having regard thereto, the mental element of willfulness was present on each occasion. BOR simply applied the definition of misconduct from Tucker to conclude that absence from work on 3 occasions constituted misconduct without further analysis. Absence from work may be cause for dismissal but cause for dismissal does not equate with misconduct.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  misconduct  absences from work 

Summary:

Dismissed for failing on 3 occasions to report for work. Umpire found that the BOR erred in law because it didn't examine the evidence to determine the reason in each instance for the claimant's failure to report for work and to further determine whether having regard thereto, the mental element of willfulness was present on each occasion. BOR simply applied the definition of misconduct from Tucker to conclude that absence from work on 3 occasions constituted misconduct without further analysis. Absence from work may be cause for dismissal but cause for dismissal does not equate with misconduct.


Date modified: