Deidre Davane’s employment with Eagle Creek Software Services, Inc. was terminated after she was unable to confirm her ability to report to an out-of-town assignment. The Georgia Department of Labor initially denied Davane’s unemployment benefit claim, but an administrative hearing officer set aside that determination and ruled she was entitled to benefits. In a split decision, the Department’s Board of Review reversed the decision of the administrative hearing officer. Following our grant of her application for discretionary appeal, Davane appeals from the superior court’s order affirming the Board’s decision. We reverse because any evidence does not support the Board’s conclusion that Davane was disqualified from receiving unemployment benefits. The Department’s rules require that “appeals to the board of review shall be decided upon the evidence in the record made before the administrative hearing officer.” Ga. Comp. R. & Regs. r. 300-2-5-.03 2 a. The evidence adduced at the hearing showed that the employer hired Davane for the position of “project lead,” a job which “required 100 percent travel.” Shortly after she was hired, Devane left an assignment because of a problem with her nanny. On or about August 15, 2007, the employer offered Davane a position as a managing consultant, which allowed her to work from her home in Atlanta at a lesser salary, but with the understanding that it was a temporary arrangement. In late October of 2007, the employer began communicating with Davane about returning to her original position.
According to the Board’s findings: A specific position came open in Kansas City for January 28, 2008. Discussions about the position started in early January, but testimony was conflicting as to when the claimant became aware of the specific start date. The employer contended it was January 11, 2008. The claimant contended January 23, 2008. The claimant did not have child care arrangements by the afternoon of January 25, 2008, and was discharged. The claimant was aware that working from home was temporary. Childcare was her responsibility. The claimant should have reasonably started making childcare arrangements sooner than two working days prior to the start date of January 28, 2008. Therefore, we find she was at fault in the separation and disqualification is required. “Judicial review of an administrative decision requires the court to determine that the findings of fact are supported by ‘any evidence’ and to examine the soundness of the conclusions of law that are based upon the findings of fact.” Citation and punctuation omitted. Pruitt Corp. v. Ga. Dept. of Community Health , 284 Ga. 158, 160 3 664 SE2d 223 2008.1 “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.” Footnote omitted. City of LaGrange v. Ga. Public Svc. Comm., 296 Ga. App. 615, 616 657 SE2d 525 2009.
