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Jordan v. Dukes
Citations: 269 Ark. 581; 600 S.W.2d 21; 1980 Ark. App. LEXIS 1352Docket: CA 79-298
Court: Court of Appeals of Arkansas; May 7, 1980; Arkansas; State Appellate Court
Dukes was discharged from his job as a welder for allegedly setting off fireworks in the workplace, leading to his denial of unemployment compensation due to misconduct. The initial referee upheld the discharge based on a supervisor's signed statement claiming to have witnessed Dukes lighting fireworks, despite the absence of the supervisor at the hearing and conflicting statements from fellow employees who denied witnessing any misconduct. Notably, the employee who allegedly supplied the fireworks, Walker, did not testify, and the referee questioned Dukes on the lack of Walker's testimony. Dukes appealed to the board of review, submitting a signed statement from Walker denying he provided fireworks. The board reversed the referee's decision without the appellant being aware of Walker's statement, leading to the central argument for reversal: denial of due process due to the board considering evidence not presented at the initial hearing, which the appellant had no opportunity to rebut. The relevant statute allows the board to review evidence but emphasizes that parties must be notified of any evidence considered. The board's acceptance of Walker's statement, which had not been previously submitted or requested by the board, violated this statute. The court rejected the appellees' argument that the error was harmless, noting that the board had heavily relied on Walker's statement in its decision. Citing prior case law, the court emphasized that administrative agencies must adhere to statutory limits and ensure fundamental fairness. Ultimately, the board's decision was reversed, and the case was remanded for further evidence gathering, including testimony from Walker, with required notice to both parties. Judge Howard dissented.