Decision A0636.08

Case Number Claimant Judge Language Decision date
Decision A0636.08 Tompson  Evans   English 2009-06-16
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  unauthorized leave of absence 

Summary:

The Umpire allowed the appeal of the claimant from a decision of the BOR indicating that he had been dismissed from his employment by reason of his own misconduct. The Umpire held that there was no evidence supporting the BOR's finding of fact that the claimant left for vacation knowing that his leave request had not been approved. The FCA indicated that it was unreasonable for the BOR to conclude as it did and held that the most the BOR could have found on the evidence before it was that the claimant went on a vacation knowing that he had not received formal approval of his leave request.


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