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Sub-Issue 1: |
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Sub-Issue 3: |
| basic concepts |
ROE excluded - disqualification |
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Summary:
The claimant was dismissed from his employment for making inappropriate statements in contravention of the company’s policy (his “previous employment”). He found new employment which he subsequently lost through no fault of his own. The Commission determined that the claimant had lost his previous employment due to misconduct. The insurable hours that he had accumulated in his previous employment could not be used in the calculation of his benefit rate, which resulted in his benefit rate being reduced. The Court found that the Umpire’s decision was reasonable and supported by the facts and the law. The FCA, in applying the reasonableness standard, is not to reweigh the evidence when the claimant seeks to have his ROE amended to eliminate the allegations of misconduct which excludes those insurable hours of employment in the benefit calculation.
