Decision T649.16

Case Number Claimant Judge Language Decision date
Decision T649.16 Paradis  Mosley, Richard G.  English 2016-11-17
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  breaches of company policy 


The claimant operated a crane and fainted on the worksite. As part of his check-up a drug test was administered finding his marijuana level in his blood above the acceptable limit. As per the zero tolerance policy of the employer, his employment was terminated. The Commission imposed a disqualification as he lost his job as a result of misconduct. The SST-General Division upheld the disqualification. The Appeal Division denied leave to appeal as the Applicant failed to identify an error in the General Division decision. It lays out in no uncertain terms that the focus is on the conduct of the employee and not the employer. The Court dismissed the judicial review.

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