Leadership Preparatory Academy v. Butler

The superior court had the complete record of the administrative proceedings below when it affirmed the award of unemployment benefits to a former employee.

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In this appeal from a superior court order affirming an award of unemployment benefits to a former employee, the employer contends that the superior court erred in issuing its ruling without a complete record of the administrative proceedings, in failing to find evidentiary errors during the administrative proceedings, and in granting the employee’s motion for attorney fees without proper notice of the motion. However, the superior court did have the complete record of the administrative proceedings; the employer has made no showing that the issue of evidentiary errors was preserved for appellate review; and, in the absence of a transcript of the hearing before the superior court, we must presume from the court’s final order that any objection to notice of the motion for attorney fees was waived. Accordingly, we affirm.

The record shows that Amanda Stinson was employed by Leadership Preparatory Academy from 2010 to 2014, when her employment was terminated. Stinson applied for unemployment benefits, which were initially denied by a Georgia Department of Labor claims examiner’s determination on the basis that Stinson had been fired for failing to perform her job duties satisfactorily. Stinson appealed, and after an administrative hearing, the hearing officer reversed the claims examiner’s determination and awarded unemployment benefits to Stinson. Leadership appealed to the department’s board of review, which adopted the findings of the hearing officer and upheld the decision to award benefits on the ground that Stinson had not intentionally failed or consciously neglected to perform her job duties. See OCGA §§ 34-8-194 2 B i ii individual shall not be disqualified for benefits if she made a good faith effort to perform job duties but was simply unable to do so or if she did not intentionally fail or consciously neglect to perform job duties.

Leadership Preparatory Academy v. Butler

The superior court had the complete record of the administrative proceedings below when it affirmed the award of unemployment benefits to a former employee.

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