Ausley v. CCL Label (St. Louis), Inc.

I respectfully dissent with the majority’s holding and would reverse and remand the award to the Labor and Industrial Relations Commission (“the Commission”) with instructions to apply the correct legal standard when making its findings on whether the employee’s absences from the workplace were approved or unapproved. It is undeniable and indeed undisputed that the Commission erroneously interpreted and applied the state statute defining misconduct by requiring “fault” on the part of the employee in connection with unapproved absences from the workplace. The Commission’s continued reliance on…