Decision A0184.13

Case Number Claimant Judge Language Decision date
Decision A0184.13 Vo  Dawson, Eleanor R.  English 2013-10-03
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  workplace violence 

Summary:

The Commission determined that the claimant was not entitled to receive benefits because he had been dismissed from his employment due to misconduct. The claimant had threatened to stab a co-worker with a tool. As a result, he was dismissed for contravening the employer’s policy on workplace violence. Upon being dismissed, the Applicant stabbed his supervisor. Before the BOR, the claimant denied threatening to stab his co-worker, but admitted arguing with him. In addition, he admitted that on previous occasions, he had threatened to hurt some of his co-workers. The BOR dismissed the appeal finding that he had been dismissed as a result of his own misconduct. The FCA explained that it was open to the BOR to prefer the evidence provided by the employer to that provided by the claimant. The FCA found that the decision of the Umpire was reasonable.


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