Decision 76320

Case Number Claimant Judge Language Decision date
Decision 76320   Landry L.P.  English 2011-01-27
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  driving permit 

Summary:

Misconduct driving permit, misconduct breaches of company policy, misconduct alcohol, drugs and gambling The claimant was arrested in the State of Michigan for driving under the influence of alcohol and for possession of alcohol in a commercial vehicle. The claimant admitted that he was aware of the policy of his employer with respect to alcohol. This policy required that drivers should abstain from alcohol for a period of 8 hours before driving and no alcohol was tolerated on board vehicles except alcohol which would be included in the load to be delivered. The claimant submitted that his action was not willful since he suffers from alcoholism. The respondent's employment was terminated on June 2, 2006 because he had failed to report to work or to contact his employer from June 3, 2006 to June 13, 2006. The respondent had gone on a drinking binge and admitted himself into a detox program. The employer had assumed that the respondent had abandoned his employment but was willing to discuss the possibility of his reinstatement once the respondent had received a clean bill of health. Unfortunately, several health issues deprived the respondent of that opportunity. The appeal is dismissed by the Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  breaches of company policy 

Summary:

Misconduct driving permit, misconduct breaches of company policy, misconduct alcohol, drugs and gambling The claimant was arrested in the State of Michigan for driving under the influence of alcohol and for possession of alcohol in a commercial vehicle. The claimant admitted that he was aware of the policy of his employer with respect to alcohol. This policy required that drivers should abstain from alcohol for a period of 8 hours before driving and no alcohol was tolerated on board vehicles except alcohol which would be included in the load to be delivered. The claimant submitted that his action was not willful since he suffers from alcoholism. The respondent's employment was terminated on June 2, 2006 because he had failed to report to work or to contact his employer from June 3, 2006 to June 13, 2006. The respondent had gone on a drinking binge and admitted himself into a detox program. The employer had assumed that the respondent had abandoned his employment but was willing to discuss the possibility of his reinstatement once the respondent had received a clean bill of health. Unfortunately, several health issues deprived the respondent of that opportunity. The appeal is dismissed by the Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  alcohol, drugs and gambling 

Summary:

The claimant was arrested in the State of Michigan for driving under the influence of alcohol and for possession of alcohol in a commercial vehicle. The claimant admitted that he was aware of the policy of his employer with respect to alcohol. This policy required that drivers should abstain from alcohol for a period of 8 hours before driving and no alcohol was tolerated on board vehicles except alcohol which would be included in the load to be delivered. The claimant submitted that his action was not willful since he suffers from alcoholism. The respondent's employment was terminated on June 2, 2006 because he had failed to report to work or to contact his employer from June 3, 2006 to June 13, 2006. The respondent had gone on a drinking binge and admitted himself into a detox program. The employer had assumed that the respondent had abandoned his employment but was willing to discuss the possibility of his reinstatement once the respondent had received a clean bill of health. Unfortunately, several health issues deprived the respondent of that opportunity. The appeal is dismissed by the Umpire.


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