DIRECTOR OF STATE DEPT. OF IND. REL. v. Nolin
DIRECTOR OF STATE DEPT. OF IND. REL. v. Nolin
Opinion
This is an unemployment compensation case.
The claimant, Nolin, was denied benefits under Alabama's Unemployment Compensation Act. She appealed this determination to the Board of Appeals of the Department of Industrial Relations which upheld the denial of benefits. On July 22, 1977, claimant filed an appeal to the Blount County Circuit Court. After a trial de novo the trial court entered judgment in favor of the claimant. The Director of the Department of Industrial Relations (Department) appeals from that judgment.
The department contends that the trial court did not have jurisdiction to hear claimant's appeal and that the appeal should have been dismissed. We agree with this contention and reverse.
Section
Appellee argues that this provision of the statute is a venue requirement which was waived by the Department when it failed to plead venue before trial. We do not agree. Although the effect of this particular requirement is a question of first impression in Alabama, we have held that the requirements of §
Unemployment compensation is a creature of statute and was unknown at common law. Therefore, the legislature may lay down any reasonable and non-discriminatory conditions it may see fit concerning eligibility and procedure. We see no hardship or unfairness in requiring appeals from the board's decisions to be taken in the circuit court of claimant's county of residence. In fact, we think the requirement stems from a desire to aid the claimant in presenting his case to the trial court. The procedure for pursuing an unemployment compensation claim is completely governed by statute, Ex parte Miles,
REVERSED AND REMANDED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Director of the State of Alabama Department of Industrial Relations v. Carolyn F. Nolin.
- Cited By
- 20 cases
- Status
- Published