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Castion v MESC 12.32

Section 29(1)(b)

MISCONDUCT, Assault on co-worker, Evidence, Hearsay

CITE AS: Castion v MESC, No. 111005 (Mich App June 13, 1989).

Appeal pending: No

Claimant: Mary Castion

Employer: K Mart

Docket No: B86 13680 104625W

COURT OF APPEALS HOLDING: Admission of hearsay evidence of out-of-court statements by alleged victim was harmless error where testimony at the hearing was sufficient to establish misconduct.

FACTS: Claimant became involved in an argument with a co-worker which led to blows. Claimant was fired for allegedly striking Ms. Geer in the face. Claimant contended she was defending herself. Neither the co-worker nor the supervisor who fired claimant appeared at the hearing.

DECISION: Claimant was disqualified for misconduct.

RATIONALE: "Plaintiff testified to several reasons other than self defense for assaulting her co-worker. ... It is clear that the hearing referee could have based his decision on these portions of the record, ... Any error in admitting hearsay evidence was therefore harmless."


13, 14:I

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