Kansas City Club v. Labor and Indus. Relations Com'n

• Citation: 840 S.W.2d 273
• Decision Date: 03 November 1992
• Docket Number: No. WD,WD
• Parties: The KANSAS CITY CLUB, Respondent, v. LABOR AND INDUSTRIAL RELATIONS COMMISSION, et al., Appellants, and William Holman, Defendant. 46029.
• Court: Missouri Court of Appeals

Page 273

840 S.W.2d 273

The KANSAS CITY CLUB, Respondent, v. LABOR AND INDUSTRIAL RELATIONS COMMISSION, et al., Appellants and William Holman, Defendant.

No. WD 46029.

Missouri Court of Appeals Western District.

Nov. 3, 1992.

Carol L. Clasby, Jefferson City, for appellants.

Mark Gail Flaherty, Kansas City, for respondent.

Before FENNER, P.J., and SHANGLER and KENNEDY, JJ.

FENNER, Presiding Judge.

Appellant, Labor and Industrial Relations Commission (Commission), appeals the decision of the circuit court reversing the decision of the Commission on a claim for unemployment benefits made against respondent, The Kansas City Club.

This cause arises from William Holman's claim against The Kansas City Club for unemployment benefits. Holman had been employed by The Kansas City Club as purchasing agent, with his last day of work being August 13, 1990. The Kansas City Club maintained that Holman quit his job without cause while Holman maintained that he was discharged without cause.

A deputy for the Missouri Division of Employment Security initially determined that Holman was disqualified for benefits on a finding that he voluntarily quit his job without good cause attributable to his work or employer. Holman appealed that determination and the appeals tribunal reversed the deputy's decision and held that Holman was not disqualified for benefits by reason of his discharge on August 13, 1990. The Kansas City Club filed an application for review with the Commission. The Commission denied the application for review and adopted the decision of the appeals tribunal. The Kansas City Club then appealed to the circuit court which reversed the decision of the Commission, and directed that the Commission enter its order finding Holman disqualified for benefits.

The record reflects that Holman was called to the office of Stephen Joyce, general manager of The Kansas City Club, at approximately 10:00 a.m. on Monday, August 13, 1990, to discuss a problem with some shrimp that had been served the previous Friday. At approximately 11:00 a.m. that same day, Holman was asked to return to Joyce's office where Rollin Meyers, personnel director of the Kansas City Club was also present. Joyce testified that he called Holman back to his office because he had received complaints about Holman's uncooperative attitude toward other department heads with regard to the inquiry into the shrimp problem.

During this second meeting of the day, Joyce told Holman that he had received complaints about Holman's attitude and that Holman's attitude "belonged at the back dock." Joyce explained that the back dock is the employees' entrance to the Club. Holman testified that in addition to telling him that his attitude belonged at the back dock, Joyce also told him to take his attitude and "hit the back door." Joyce and Meyers both denied that Holman was told to "hit the back door."

Holman testified that it was his understanding from his conversation with Joyce that he had been fired. Joyce and Meyers both denied that Holman was told that he was fired or terminated from his employment. Nonetheless, toward the end of their conversation, Holman stood up and asked Joyce if Joyce wanted him to leave and offered his keys to Joyce. Joyce told Holman that he had not asked him to leave. Nonetheless, Holman asked Meyers if he wanted the keys. Meyers told Holman that if he was leaving he should leave his keys, since in accordance with Club procedure he always left his keys at the Club when he was not in the building. Holman then left Joyce's office, proceeded out of the building and did not return to work. Holman did contact Meyers about his status, but there was conflicting testimony as to whether Holman sought to return to work after he left on August 13, 1990.

The Commission argues in its first two points on appeal that the circuit court erred in reversing the Commission's decision that Holman was discharged and finding instead that Holman voluntarily quit his employment. First, the Commission argues that said decision involves questions of fact which the court must accept consistent with the Commission's finding. Second, the Commission argues that the court erred by finding that Holman failed to meet his burden of proving his entitlement to benefits. These two points are interrelated and are taken together for discussion herein.

Although this cause is appealed from the circuit court, it is the decision of the Commission that is reviewed by an appellate court. IXL Mfg. Co. v. Labor & Industrial Relations Comm'n, 679 S.W.2d 903, 904 (Mo.App.1984). In reviewing an administrative decision, the court's inquiry is limited. The function of the reviewing court is to determine whether there is competent and substantial evidence on the whole record to support the Commission's decision and whether it is authorized by law. Pulitzer Publishing Co. v. Labor & Industrial Relations Comm'n, 596 S.W.2d 413, 417 (Mo. banc 1980) (citations omitted). Deference must be given to the Commission as the trier of facts, in its assessment of credibility. Fruehauf Div., Fruehauf...