IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT
and
in the matter of a claim for benefit by
STEPHEN DAVIS
IN THE MATTER of an appeal by the employer, Help Desk Now, from a decision of a Board of Referees given at Gander, NL, on the 10th day of December, 2002.
DECISION
Hon. David G. Riche
The issue in this case was whether or not the claimant was dismissed because of how own misconduct under sections 29 and 30 of the EI Act.
The Board of Referees found in that case that the claimant's appeal should be allowed. The Board found that the claimant did not lose his employment because of his own misconduct. The claimant had not been given any warnings, either written or verbal, prior to his dismissal. The claimant when contacted regarding his employer's allegation denied that he was guilty of the misconduct alleged and stated that it was impossible for him to be logged into the phone system because there were too many supervisors and floor monitors for him to get away with not taking calls.
From my reading of the decision of the Board of Referees, I am satisfied that they made a decision based upon the credibility of the claimant and the evidence of the employer. It is obvious that they accepted the evidence of the claimant and allowed his appeal.
When this matter came on before me the claimant's representative appeared on his behalf but there was no appearance by the employer/appellant. Counsel for the Commission and the claimant's representative both submitted that this appeal should be dismissed as abandoned.
In these circumstances I am satisfied that as it was an issue of credibility determined by the Board of Referees that it is a decision which should not be disturbed by an umpire. The appeal of the employer is therefore dismissed.
David G. Riche
Umpire
September 19, 2003
St. John's, NF