Wallace v. Stewart

OPINION

FONES, Justice.

This is a direct appeal by the Commissioner of Employment Security from a decree of the Chancery Court awarding benefits to claimant, Shirley J. Stewart, former employee of Tennessee Tufting Company.

Claimant was discharged for excessive absenteeism after four warnings. Her claim for benefits was denied at all three administrative levels.

The learned Chancellor held that since the material facts were not in dispute the limited scope of review provided in T.C.A. 50-1325 I. was not applicable and it was the duty of the Court to apply the law to the undisputed facts. Noting…