Mar Jennings v. Administrator, Unemployment Compensation Act et al. (2013)

MEMORANDUM OF DECISION

This is a statutory appeal brought by the claimant, Mar Jennings, from an April 2012 determination that the claimant was ineligible to receive unemployment compensation benefits.   The Employment Security Board of Review certified and filed with the court the record of proceedings pursuant to General Statutes § 31–249b. (# 100.31.) The court has also reviewed the certified transcript of the hearings held on May 10 and June 7, 2012, (# 105.00), the claimant's motion to correct findings dated March 11, 2013 and the Board of Review's decision on that motion dated July 2, 2013, (# 106.00), the defendant's motion for judgment, (# 103.00), the plaintiff's pleadings, and has considered all of the submissions and the arguments of the Assistant Attorney General, and the plaintiff Mar Jennings.

The court has no authority to find facts in an unemployment compensation appeal hearing.   It is limited to reviewing the record certified to it by the Board of Review.   Credibility of witnesses is evaluated at the administrative level and not in this court hearing.

The court understands the claim of the plaintiff, but is by law required to treat this as a record review not a new hearing.   The issue, therefore, is whether the decision of the Board of Review was unreasonable, arbitrary or illegal in determining that the claimant was ineligible to receive benefits because he voluntarily left work without good cause attributable to the employer.

The Board of Review found:

Based on the claimant's testimony, we conclude that although he advised the employer he was leaving because of a conflict with his immediate supervisor and a management team member, he has not established that there was substantial discord.   The claimant has not demonstrated their conduct had a significant adverse impact on him and rendered the work unsuitable.   Moreover, the claimant did not satisfy the requirements that he seek reasonably available remedies.   The employer offered to conduct an investigation, but the claimant declined.   We disagree with the referee's determination that the claimant's participation in the employer's investigation would have been futile.   The claimant did not establish that the work environment was unsuitable or beyond repair.   We particularly question the claimant's ability to assess suitability of the work environment and the existence of personality conflicts given the extremely short duration of the claimant's re-employment.   Accordingly, we conclude that the claimant voluntarily left work without good cause attributable to the employer.

Board of Review Decision (January 23, 2013) at 3 (Rec at 79).

The court does not retry the facts or hear evidence.   The court finds the decision of the Board of Review on the merits follows reasonably from the facts found, and is correct.

The decision is affirmed, and the defendant's Motion for Judgment, Motion # 103.00 is granted.

The appeal is dismissed.

David R. Tobin, J.T.R.

Tobin, David R., J.T.R.