| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
breach of rules |
|
|
Summary:
According to the claimant, her employer dismissed her because there was a breach of trust as a result of her violating procedures. The employer alleged that the claimant was dismissed because she overruled a manager's decision in his absence. The Commission found that the claimant lost her employment by reason of her own misconduct. A claimant's appeal to the BOR was allowed and the employer is now appealing to the Umpire. The Board is of the opinion that the claimant did not violate the rules of the Caisse as an employee carrying out her work duties. According to the Umpire, there is nothing in the evidence to support the ground for appeal. The BOR was free to decide as it did, and its decision was reasonable and based on the evidence. A BOR is the trier of fact and there is no reason to intervene when a fact-based decision is involved, unless the decision is unreasonable. The employer's appeal to the Umpire is dismissed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
breaches of company policy |
|
|
Summary:
According to the claimant, her employer dismissed her because there was a breach of trust as a result of her violating procedures. The employer alleged that the claimant was dismissed because she overruled a manager's decision in his absence. The Commission found that the claimant lost her employment by reason of her own misconduct. A claimant's appeal to the BOR was allowed and the employer is now appealing to the Umpire. The Board is of the opinion that the claimant did not violate the rules of the Caisse as an employee carrying out her work duties. According to the Umpire, there is nothing in the evidence to support the ground for appeal. The BOR was free to decide as it did, and its decision was reasonable and based on the evidence. A BOR is the trier of fact and there is no reason to intervene when a fact-based decision is involved, unless the decision is unreasonable. The employer's appeal to the Umpire is dismissed.
