Tombigbee River Valley Water Mgmt Dist. v. Miss. Employment Sec. Comm'n, et al.
| Docket Number: | 2004-CC-01368-SCT Linked Case(s): 2004-CC-01368-SCT ; 2004-CC-01368-SCT ; 2004-CC-01368-SCT |
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| Supreme Court: |
Opinion Date: 06-16-2005 Opinion Author: Carlson, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Termination of employment - Unemployment benefits - Misconduct - Insubordination - Section 71-5-513 Judge(s) Concurring: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ. Non Participating Judge(s): Cobb, P.J., and Diaz, J. Dissenting Author : Easley, J. Concur in Part, Dissent in Part 1: Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-25-2004 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: The Tombigbee River Valley Water Management District ("District") terminated Gary W. Pannell’s employment following an investigation by District Director Jimmie Mills. Pannell appealed to the Employee Appeals Board (EAB) where the hearing officer found that there was no just cause for the District to terminate Pannell. The District appealed to the full EAB which affirmed the finding of the hearing officer and affirmed Pannell’s reinstatement. The District then filed a petition for writ of certiorari requesting that the circuit court review the decision of the EAB. The Lee County Circuit Court granted the petition and reversed the EAB decision, finding it arbitrary and capricious, against the overwhelming weight of the evidence, and erroneous as a matter of law. Pannell timely filed his appeal to this Court. Case Number: CV02-191(PF)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tombigbee River Valley Water Management District |
HENRY J. APPLEWHITE |
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| Appellee: | Mississippi Employment Security Commission and Gary W. Pannell | ALBERT BOZEMAN WHITE JIM WAIDE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Termination of employment - Unemployment benefits - Misconduct - Insubordination - Section 71-5-513 |
| Summary of the Facts: | The Tombigbee River Valley Water Management District terminated Gary Pannell’s employment following an investigation. Pannell appealed to the Employee Appeals Board where the hearing officer found that there was no just cause for the District to terminate Pannell. The District appealed to the full EAB which affirmed the reinstatement. The District filed a petition for writ of certiorari requesting that the circuit court review the decision. The Lee County Circuit Court granted the petition and reversed the EAB decision. Pannell appealed. After Pannell was terminated by the District, he filed for unemployment compensation benefits with the Mississippi Employment Security Commission. The Commission awarded Pannell unemployment compensation benefits finding that the District failed to prove that Pannell’s actions rose to the level of misconduct. The District appealed, and the Board of Review affirmed the Referee’s decision granting benefits. The District then appealed to the Lee County Circuit Court which also affirmed the findings and judgment of the Commission. The District appealed. The two cases have been consolidated. |
| Summary of Opinion Analysis: | Issue 1: Termination The District alleged three separate offenses: improperly starting and running the dragline too fast and raising the hammer too high, dropping leads or pilings, and sleeping or otherwise not paying attention while in the operator’s seat of the dragline. The District also alleged two acts of insubordination: the unauthorized taking of pictures and the refusal to listen to his supervisors regarding the proper use of the dragline. The circuit court was eminently correct in its findings in that there was substantial evidence of the actions complained of by the District and that Pannell failed in proving that the District acted arbitrarily and capriciously so as to entitle him to be reinstated. The EAB based its decision erroneously on the fact that Pannell had not been given a performance evaluation. Issue 2: Unemployment benefits Pannell argues that there was substantial evidence for the Referee’s finding that Pannell’s employment with the District was terminated was due to his filing of a grievance against his superior, not due to his performance as a dragline operator. Misconduct is conduct evincing such willful and wanton disregard of the employer's interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect from his employee. Insubordination is included within the scope of misconduct under section 71-5-513 warranting a denial of unemployment benefits. Witnesses testified to numerous incidences where Pannell operated the crane at an improper speed after being instructed to slow the machine down. There was also testimony that Pannell slept on the job after being instructed not to do so. Pannell admitted to sleeping on the job, but he denied ever being told not to. Several incidences of insubordination were presented to the Referee; however, the Referee chose to place greater weight on the fact that these incidences were not officially reported until an investigation was conducted as a result of grievances filed by Pannell. It is improper to award unemployment benefits on the sole grounds that formal disciplinary action was not taken prior to the employee’s termination. There is substantial evidence in the record that Pannell was verbally warned several times of his improper conduct regarding his operation of machinery. He was corrected by his immediate supervisor, and he was corrected by his general supervisor. Therefore, the decision of the Mississippi Employment Security Commission to award unemployment benefits to Gary Pannell was arbitrary and capricious and against the overwhelming weight of the evidence. |
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