Previous PageTable Of ContentsNext Page

Yount v Hoover Chemical Co 14.06

Section 29 (1)(h)


CITE AS: Yount v Hoover Chemical Co, No. 61747 (Mich App July 13, 1983).

Appeal pending: No

Claimant: Bennie D. Yount

Employer: Hoover Chemical Co

Docket No: B76 12792 RM1 RO 69001

COURT OF APPEALS HOLDING: There is no requirement under the statute for a separate proceeding to determine if claimant committed an assault and battery in order for claimant to be disqualified under Section 29(1)(h).

FACTS: Claimant approached his chief steward concerning a grievance he wished to make against the employer. An argument ensued and claimant tweaked the steward on the cheek. She knocked his hand aside and he slapped her face; knocking her glasses off, spinning her around and nearly knocking her down. As a result the employer discharged claimant.

DECISION: Claimant is disqualified for assault and battery under Section 29(1)(h).

RATIONALE: The court found there was sufficient evidence for the referee to find claimant was guilty of assault and battery on his shop steward. Claimant had not previously preserved the issue of whether Section 29(1)(h) of the MES Act required a separate judicial determination. However, the court would not be inclined to interpret the statute to require a separate proceeding, presumably criminal, to determine whether claimant committed an assault and battery. Additionally, the fracas occurred on the employers premises during working hours and in front of other employees. This was disruptive and sufficiently work connected to find claimant disqualified under Section 29(1)(h).


5, 15:C

Previous PageTable Of ContentsNext Page