Crawley v. Carter
Crawley v. Carter
Opinion
This is an unemployment compensation case. Claimant appeals from a judgment of the Circuit Court dismissing his appeal for want of jurisdiction. We reverse.
The issue is whether claimant sufficiently complied with §
Section
Within 10 days after the decision of the Board of Appeals has become final, any party to the proceeding including the director who claims to be aggrieved by the decision may secure a judicial review thereof by filing a notice of appeal in the circuit court of the county of the residence of the claimant ". . . a copy shall be served upon the director or upon such person as the director may designate (and for the purpose hereof, mailing a copy addressed to the director at Montgomery by registered or certified mail shall be deemed service on the director) and such service shall be deemed completed service on all parties, but there shall be left with the parties so served as many copies of the notice of appeal as there are defendants, and the director shall forthwith mail one copy to each defendant. . . ."
The contention of the Department below and here is that an appeal is not perfected under the statute unless every procedural provision is completely followed. It contends that claimant failed to perfect an appeal in two instances: (a) The employer was not named as a party defendant in the appeal, and (b) Only one copy of the notice of appeal was served upon the director of the Department.
The Department cites several cases from foreign jurisdictions in which the failure to name the former employer as a defendant in the notice of appeal was held to require dismissal of the appeal. It appears that the applicable statute in those jurisdictions required that the employer be named. Our statute contains no such requirement either directly or by inference, contrary to *Page 1141
the argument of the Department. According to statute, notice of filing of claims and their determination is given by the director to the last employing unit. Notice of payment is given as well by the director to every other employer in the claimant's base period. §
We find the second contention of the Department also untenable. That is, failure to leave with the director as many copies of the notice of appeal as there are defendants prevents the perfecting of the appeal and the invoking of the jurisdiction of the circuit court.
Section
We feel impelled to comment that the benevolent purpose of the Unemployment Compensation Act and the accompanying mandate for liberal construction and application of its provisions are not well served by the insistence of the Department of Industrial Relations upon strict adherence to mere procedural directions in the statute. The Department is better informed as to whom the interested parties are and where they may be served by mail than is the claimant. It would appear little trouble, in the event insufficient copies are filed, to so notify claimant and request compliance. It is our belief that the proper role of the Department is to adhere to the legal and impartial administration of the fund. It is not to be adversarial to the claimant.
REVERSED AND REMANDED.
HOLMES, J., concurs.
BRADLEY, J., concurs in the result. *Page 1142
Reference
- Full Case Name
- Charles Crawley v. James Carter, Director, Department of Industrial Relations.
- Cited By
- 14 cases
- Status
- Published