Slade v. Butler

The Atlanta Public School System failed to show that a fired bus driver was disqualified from receiving unemployment benefits based on her deliberate violation of safety policies because the policies were either ambiguous or not in effect when she allegedly violated them.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Satundra Slade was fired from her job as a bus driver for the Atlanta Public School System “APS”. APS challenged Slade’s application for unemployment benefits, contending that she was fired for violating APS policies and was, therefore, disqualified from receiving benefits under OCGA § 34-8-194 2 A, and a claims examiner with the Georgia Department of Labor “the Department” agreed. Following a hearing, a Department hearing officer found that Slade was in violation of APS rules and affirmed the claims examiner’s denial of benefits. The Department of Labor’s Board of Review and the Superior Court of Fulton County both affirmed the decision to deny benefits. This Court granted Slade’s application for discretionary appeal. Slade contends that she did not knowingly disregard APS policies because the policies at issue were either ambiguous or were applied retroactively to her. For the reasons set forth below, we agree and reverse.

“In considering whether the administrative tribunal properly found that Slade was not entitled to receive unemployment benefits, the trial court, as well as this Court, must affirm if there is any evidence to support that ruling. And we will uphold the Department’s factual findings if there is any evidence to support them.” Citations and punctuation omitted. MCG Health, Inc. v. Whitfield, 302 Ga. App. 408 690 SE2d 659 2010. “When this Court reviews a superior court’s order in an administrative proceeding, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency.” Citation and punctuation omitted. Davane v. Thurmond, 300 Ga. App. 474, 475 685 SE2d 446 2009. Pursuant to OCGA § 34-8-194 2 A, an individual may be disqualified from receiving unemployment compensation benefits when he or she has been discharged “for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed.” However,

Slade v. Butler

The Atlanta Public School System failed to show that a fired bus driver was disqualified from receiving unemployment benefits based on her deliberate violation of safety policies because the policies were either ambiguous or not in effect when she allegedly violated them.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report