174 A.2d 545 | Conn. Super. Ct. | 1961
Claimant, who had worked for several years at Vocaline Company, was discharged on September 7, 1960, for violating a company rule, known to claimant, forbidding fighting on the company premises, having struck a supervisor who, according to the finding of facts, had called claimant a "queer." Claimant registered for work and filed a claim for unemployment benefits as of September 11, 1960, but the examiner disapproved claims from September 4 to October 8 on grounds of a discharge for wilful misconduct under §
In Bigelow Co. v. Waselik,
Without in any way concluding that claimant was justified in striking the supervisor, who had called him a name which, in common parlance, has assumed highly insulting implications, it does appear that claimant's act was at least "on the spur of the moment" rather than "deliberate," and, indeed, there was nothing in the finding of facts before the commissioner stating that the act was deliberate. The commissioner apparently concluded that the violation was deliberate, without a finding to that effect, and his conclusion that claimant was discharged for "wilful misconduct" as a basis for disqualifying him from claiming unemployment benefits *460 for the four weeks in question was not a reasonable one under the circumstances.
The appeal is sustained, the decision of the unemployment commissioner is reversed, and the case is remanded for further proceedings in conformity with this opinion.