Kindrew v. Com., Unemployment Compensation Bd. of Review
| Decision Date | 25 July 1978 |
| Citation | 388 A.2d 801,37 Pa.Cmwlth. 9 |
| Parties | Bonita KINDREW, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. |
| Court | Pennsylvania Commonwealth Court |
Susan Shinkman, Asst. Atty. Gen., Richard Wagner, Gen. Counsel, Unemployment Compensation Bd. of Review, Harrisburg, for respondent.
Before WILKINSON, MENCER and ROGERS, JJ.
Bonita Kindrew has appealed from an order of the Unemployment Compensation Board of Review affirming a referee's decision to deny benefits because Kindrew had been discharged from her employment for wilful misconduct. See Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, As amended, 43 P.S. § 802(e).
Kindrew was last employed by the Hickory Run Restaurant as a waitress. Just before the Memorial Day weekend, 1976, her employer told her and other employes that he expected the holiday to be a busy time and that no leaves would be granted for that weekend for any reason. Kindrew was scheduled to work the three to eleven o'clock P.M. shift on Friday of the Memorial Day weekend. At about 12:00 P.M. on that day Kindrew had a friend call her employer by telephone with the message that she was ill and could not work. The employer responded that unless Kindrew appeared for work she would be fired. Kindrew then went to the restaurant to demonstrate to her employer that she was too ill to work. The employer told her that she must nevertheless work as ordered. Kindrew refused to work and was discharged. The undisputed evidence was that in normal circumstances Hickory Run employes were expected to give two hours notice of their inability to work.
At the hearing before the compensation referee no representative of the employer appeared. Over the objection of Kindrew's counsel, the referee placed in the record several Bureau of Employment Security forms upon which the employer had recorded the reasons for Kindrew's dismissal, including some alleged improper conduct occurring before the Memorial Day, 1976 weekend. On this evidence and Kindrew's own testimony, the referee concluded that by reason of the conduct predating the Memorial Day weekend and of her unexcused absence on Friday of that weekend, Kindrew's unemployment was the result of her wilful misconduct and that she was ineligible for benefits. The Board of Review affirmed and this appeal followed.
As the information provided by the employer on the Bureau of Employment Security forms admitted by the referee over objection was clearly inadmissible, there is no evidence of record supporting a conclusion that Kindrew was guilty of wilful misconduct at any time before the Memorial Day weekend. The Board of Review concedes this, but argues that Kindrew's refusal...
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Intercraft Industries Corp. v. Morrison, 154A81
... ... with her work so as to disqualify her for unemployment compensation benefits ... G.S. 96-14(2), ... In re Collingsworth, supra; Kindrew v. [305 N.C. 376] Unemployment Comp. Bd., 37 Pa.Commw.Ct ... ...
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King v. Com., Unemployment Compensation Bd. of Review
... ... We ... have held that the Board's failure to make necessary ... findings of fact to resolve the issue of good cause requires ... a remand. Hughes v. Unemployment Compensation Board of ... Review, 40 Pa.Cmwlth. 422, 397 A.2d 494 (1979); ... Kindrew v. Unemployment Compensation Board of ... Review, 37 Pa.Cmwlth. 9, 388 A.2d 801 (1978) ... Hence, I ... would remand to the Board and not conclude, as does the ... majority, that her conduct "convinces us that there was ... 'good cause' for her actions." ... --------- ... [1] Act of ... ...
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King v. Com., Unemployment Compensation Bd. of Review
... ... We have held that the Board's failure to make necessary findings of fact to resolve the issue of good cause requires a remand. Hughes v. Unemployment Compensation Board of Review, 40 Pa.Cmwlth. 422, 397 A.2d 494 (1979); Kindrew v. Unemployment Compensation Board of Review, 37 Pa.Cmwlth. 9, 388 A.2d 801 (1978) ... Hence, I would remand to the Board and not conclude, as does the majority, that her conduct "convinces us that there was 'good cause' for her actions." ... --------------- ... 1 Act of December ... ...
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Maxwell v. Com., Unemployment Compensation Bd. of Review
...36 Pa.Cmwlth. 186, 387 A.2d 996 (1978). Claimant contends that his conduct was justifiable, citing Kindrew v. Unemployment Compensation Board of Review, 37 Pa.Cmwlth. 9, 388 A.2d 801 (1978). In Kindrew, however, the employer refused to excuse his employee's absence from work, regardless of ......