In Barrett v Bragg Communications ( CLC Adjudication , no cite available ) Adjudicator Starkman upheld the discharge of mobile tech who did the following misdeeds:
1. Used the company vehicle for personal use, contrary to policy.
2. Over a 4 week period used the company cellphone on company time for over 60 hours, many of which were personal calls.
3. Took may extra long lunch breaks.
4. Created false entries in his time log tp cover up his extended lunch breaks outside of his service area.
But for the false logs, it appears that the adjudicator might have found that the penalty of discharge was too severe and would have substituted a lesser penalty, which unlike a judge, he had the power to do. But the false logs put his behaviour over the top and the discharge was upheld.
Of note the worker had a previous discipline record of a one day suspension which contained a final warning. He was a 7 year employee.