Previous PageTable Of ContentsNext Page

Stewart v Bill Crispin Chevrolet 12.35

Section 29(1)(b)

MISCONDUCT DISCHARGE, Auto mechanic, Compensation on commission basis, Correction of piece rate work, Insubordination, Poor performance, Refusal to check work

CITE AS: Stewart v Bill Crispin Chevrolet, No. 77-731-927 AE, Wayne Circuit Court (August 27, 1980).

Appeal pending: No

Claimant: Dallas J. Stewart

Employer: Bill Crispin Chevrolet

Docket No: B76 16171 52904

CIRCUIT COURT HOLDING: Where commission mechanics are required to correct any poor workmanship without pay, an employee who refuses to do so is disqualified for misconduct discharge.

FACTS: A mechanic was discharged for refusing an order to check the balance of each wheel on a car he had serviced twice. As a commission employee, the claimant was expected to correct poor workmanship without compensation.

DECISION: The claimant is disqualified for misconduct discharge.

RATIONALE: "There is, however, competent, material and substantial evidence on the whole record to support the conclusion of the Board of Review to the effect that the claimant's refusal to recheck and, if necessary, rebalance the wheels constituted work-related misconduct."

"A review of the record in this matter shows that the claimant has failed to produce any evidence rebutting the employer's assertion that the continuing problem with the vehicle involved in the incident resulting in his dismissal was due to claimant's faulty workmanship the first two occasions the vehicle was at the dealership for repair, and was not due to defective parts. Absent evidence on the record to the contrary, the court concludes the Board of Review was correct in finding that under the facts presented the claimant would not get paid since, as the employer's testimony indicates, the policy of the employer was that if the problem was one of workmanship or labor or that the wheel balance should not have come out of adjustment, then the claimant must redo the job without pay (R,51)."



Previous PageTable Of ContentsNext Page