Decision 75015

Case Number Claimant Judge Language Decision date
Decision 75015   Goulard G.  English 2010-08-12
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  dual reason for dismissal 

Summary:

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 The appeal by the Commission's is allowed and the decision of the Board of Referees is rescinded.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  acts of violence 

Summary:

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 The appeal by the Commission's is allowed and the decision of the Board of Referees is rescinded.


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