Nantucket Cottage Hosp. v. Director of Div. of Employment Sec.
| Decision Date | 04 March 1983 |
| Citation | 388 Mass. 1006,446 N.E.2d 75 |
| Parties | NANTUCKET COTTAGE HOSPITAL v. DIRECTOR OF the DIVISION OF EMPLOYMENT SECURITY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Francis X. Bellotti, Atty. Gen., and George J. Mahanna, Asst. Atty. Gen., for Director of the Division of Employment Security, submitted a brief.
Before HENNESSEY, C.J., and WILKINS, LIACOS and LYNCH, JJ.
RESCRIPT.
The director of the Division of Employment Security appeals from a judgment of the District Court reversing a decision of the board of review of the division pursuant to G.L. c. 151A, § 42. We reverse the judgment of the District Court and reinstate the decision of the board of review.
The claimant in this case was disqualified from receiving benefits by the director's representative pursuant to G.L. c. 151A, § 25(e )(2). the claimant appealed from that determination and requested a hearing pursuant to G.L. c. 151A, § 39(b ). the review examiner reVersed the determination of the director's representative thereby entitling the claimant to receive benefits if she were otherwise qualified. In his decision, which was subsequently adopted by the board of review, the review examiner concluded that the claimant's discharge "cannot be considered to be attributable solely to deliberate misconduct in wilful disregard of the employing unit's interest within the meaning of [G.L. c. 151A, § 25(e )(2) ], but that she was discharged as a disruptive and unsatisfactory employee." This conclusion is entitled to deference and may not be set aside unless it is unsupported by substantial evidence. Garfield v. Director of the Div. of Employment Sec., 377 Mass. 94, 96, 384 N.E.2d 642 (1979), and cases cited therein. See G.L. c. 151A, § 49; G.L. c. 30A, § 14(7)(e ). Nantucket Cottage Hospital argues and the District Court judge determined that the decision of the review examiner and the board of review was not supported by substantial evidence. We disagree.
The review examiner made extensive findings of fact. The claimant was employed as a cook by Nantucket Cottage Hospital from January 30, 1981, to September 29, 1981, when she was discharged. On July 8, 1981, the claimant's supervisor had a discussion with her regarding her personal hygiene, her attitude, her inability to accept criticism, and her use of profane language. On August 13, 1981, the supervisor discussed with the claimant her job performance, comprehension of her job description, personal hygiene, and the selection of items from the freezer. On August 26, 1981, the claimant reacted to instructions from her supervisor in a loud and abusive manner, using obscenities, and then started to cry. On September 28, 1981, at 6:15 A.M., she was reprimanded for an apparent delay in preparing breakfast and lunch after the supervisor discovered her having coffee and a cigarette with another employee. At about 9:15 A.M., the claimant notified her supervisor that she was going home because she was ill due to the reprimand. The claimant was ordered to return to work by 1 P.M. When she did not...
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