Security Serv. v. Adm'r, Unemp. Comp., No. Cv 92 0292178 (Nov. 18, 1992)
Opinion of the Court
A fact finder for the administrator, pursuant to General Statutes
The claimant appealed this determination to the Employment Security Division, pursuant to General Statutes
Claimant appealed to the Board of Review (Board) which reversed the referee. The Board found that claimant's absence from work on May 12, 1991 had been explicitly condoned by the employer, and that claimant's supplemental employment activities prior to his scheduled shift that day were irrelevant. Despite claimant's consistent assertions that employer had given express consent to his taking the shift off (Claimant: I'll be spending the time with my mother rather than come in for my shift; supervisor: "no problem"), plaintiff never refuted the testimony alleging this crucial discourse.
The Board concluded that "since the final incident leading to . . . Claimant's discharge did not constitute an act of wilful misconduct, the Claimant [was] not disqualified from receiving unemployment compensation benefits and [that it was] not necessary for [it] to determine whether the Claimant was chargeable with any prior incidents of wilful misconduct." Nevertheless, the Board, in what essentially constituted dicta, stated that it did not find that the employer had established that even these alleged prior incidents constituted wilful misconduct.
This court's role in reviewing a decision of the Board of Review is limited to determining whether that board's decision is "unreasonable, arbitrary, illegal or an abuse of discretion." Acro Technology v. Administrator,
Accordingly, the Board's decision is affirmed, and judgment is hereby entered dismissing plaintiff's appeal.
So Ordered.
Dated at Bridgeport, Connecticut, this 18th day of November, 1992.
William B. Lewis, Judge CT Page 10361
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