Decision 77597

Case Number Claimant Judge Language Decision date
Decision 77597   Maximilien Polak  English 2011-08-06
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  leave obtained under false pretences 

Summary:

The claimant stated he was dismissed because the foreperson failed to take into consideration a medical certificate. The employer terminated the claimant because he falsified a medical certificate in order to receive statutory holiday pay. The claimant went to see his doctor to obtain a medical certificate, but then changed the date on the certificate. The Commission determined that the claimant’s action, namely, falsifying a medical certificate constituted misconduct within the meaning of the EI Act, because the action was fraudulent. The claimant's appeal is dismissed by the Umpire.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  own misconduct 

Summary:

The claimant stated he was dismissed because the foreperson failed to take into consideration a medical certificate. The employer terminated the claimant because he falsified a medical certificate in order to receive statutory holiday pay. The claimant went to see his doctor to obtain a medical certificate, but then changed the date on the certificate. The Commission determined that the claimant’s action, namely, falsifying a medical certificate constituted misconduct within the meaning of the EI Act, because the action was fraudulent. The claimant's appeal is dismissed by the Umpire.


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