Division of Employment Security v. Gardner-Denver MacHinery, Inc.

HANNA, Judge.

The appellant, Division of Employment Security, alleges that the Labor and Industrial Relations Commission erred in disallowing unemployment benefits to employee. The commission determined that the employee had been discharged for misconduct connected with work and disallowed benefits, thereby reversing the decisions of the deputy and the appeals tribunal.

Gardner-Denver Machinery has a “no-fault” absence policy which is explained to all employees on their first day of work. The policy does not distinguish between excused and unexcused absences. It utilizes a point system to keep…