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Kalaher v Leprino Foods Company 14.13

Section 29(1)(f)

INCARCERATION, Convicted and sentenced

CITE AS: Kalaher v Leprino Foods Company, Ottawa Circuit Court, No. 03-45769-AE (September 29, 2003)

Appeal pending: No

Claimant: Scott T. Kalaher
Employer: Leprino Foods Company
Docket No. B2002-17489-167407W

CIRCUIT COURT HOLDING: Where claimant is separated from employment while confined to jail for failure to post bond he has not lost his job for being “convicted and sentenced.” Therefore Section 29(1)(f) is inapplicable and claimant is not disqualified.

FACTS: In May 2002 claimant was free on bond awaiting trial on a charge of driving while intoxicated. Claimant worked on May 14. On May 15, claimant had a mandatory court appearance, and the court increased the amount of his bond. Claimant chose not to post the higher bond and was remanded to jail. A week later the employer notified claimant he had been discharged effective May 16. On June 11 claimant was convicted of OUIL, second offense, and sentenced to 90 days in jail.

DECISION: Claimant is not disqualified under Section 29(1)(f).

RATIONALE: On the date the employer discharged the claimant, May 16, 2002, he was not absent from work because he had been convicted of a violation of the law and sentenced to jail. The claimant was not convicted and sentenced until June 11, 2002. Therefore Section 29(1)(f) is inapplicable.


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