Miller Brewing Company v. Carlson., 162 Ga. App. 94, 290 S.E.2d 200 (1982)
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Judgment reversed. Shulman, P. J., and Carley, J., concur.
Summary
Judgment reversed. Shulman, P. J., and Carley, J., concur.
Text
Jesse W. Walters, Donald B. Harden, Weyman T. Johnson, Jr., for appellant.
Petitioner was discharged as an employee of defendant Miller Brewing Company. The Board of Review of the Employment Security Agency, Department of Labor, found that she was disqualified for benefits by Code Ann. 54-610 (b) (Ga. L. 1937, pp. 806, 812, as amended through Ga. L. 1973, pp. 729, 730). On appeal, the trial judge determined there was no probative evidence that the petitioner was discharged for a disqualifying reason showing fault within the definition of Smith v. Caldwell,
Upon an examination of the record, in our view there was some evidence to sustain the finding of the administrative agency that ". . . due to an uncooperative attitude by the Claimant, she was failing to perform the duties for which employed." While the record reveals that the supervisor who terminated petitioner's employment based his conclusions and actions partly on hearsay, we are not prepared to say this would serve to render his testimony worthless. Moreover, here there was also testimony based on his personal knowledge and what the petitioner told him.
The trial judge erred in reversing the ruling of the Board of Review.
Donald A. Sweat, Michael J. Bowers, Attorney General, Jesse C. Stone, for appellee.
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This document cites
- Supreme Court of Georgia - GEORGIA REAL ESTATE COMMISSION v. BURNETTE., 243 Ga. 516, 255 S.E.2.d 38
- Supreme Court of Georgia - HALL v. AULT et al., 240 Ga. 585, 242 S.E.2.d 101 (1977)
- Georgia Court Of Appeals - Caldwell v. Corbin., 152 Ga. App. 153, 262 S.E.2d 516 (1979)
- Georgia Court Of Appeals - Johnson v. Caldwell Et Al., 148 Ga. App. 617, 251 S.E.2d 837 (1978)
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