174 Pa. Super. 71 | Pa. Super. Ct. | 1953
Opinion by
Rose Flynn, claimant, was discharged by the Crib Diaper Service of Pittsburgh, appellant, for alleged absenteeism. She registered for work and filed an application for unemployment compensation benefits. On July 31, 1952, the Bureau disallowed the claim on the ground that claimant was discharged from her last employment for willful misconduct under §402 (e) of the Unemployment Compensation Law, 43 P.S. §802. The referee affirmed the Bureau but the Board reversed the referee, substituting its own finding of fact and allowed the claims in question.
The Crib Diaper Service of Pittsburgh, the claimant’s last employer, filed the present appeal to this Court from the decision of the Board of Review. The evidence shows that claimant had a nervous breakdown in January, 1951, and lost some time from work. Thereafter she had a good record until January and February, 1952, when she missed six days due to illness. On February 7 and 8, 1952, she was ill and there is evidence that she called appellant the first day of her illness to notify her employer of the fact, but she felt it was not necessary to call again the next day. On the following week she was discharged.
The referee found that her absenteeism was justifiable but that she had failed to notify appellant and
The real issue in this case is whether claimant’s failure to notify appellant of her absence on both Thursday and Friday was willful misconduct within the meaning of the Act. Section 402(e) provides that an employe shall be ineligible for compensation where “his unemployment is due-to his discharge or temporary -suspension from • work for willful misconduct connected with his work.” .. The record in this case clearly shows, that claimant’s discharge was due to her frequent absenteeism over a period of many weeks. The employer, stated to the referee: “It wasn’t that one particular instance that caused us to replace Bose.
In our opinion, the present case comes within the scope of the rulings that where no element of willful misconduct is manifest in the last occurrence, the claimant cannot be disqualified under §402 (e). Having given notice on the first day of her two days absence, her failure to give notice on the second day does not constitute willful misconduct under the Act.
Decision affirmed.