35 Pa. Commw. 183 | Pa. Commw. Ct. | 1978
Opinion by
This is a petition for review by Mark A. Korol (Claimant) from an order of the Unemployment Compensation Board of Review (Board), datód January 3,1977, which sustained a referee’s determination that Claimant had been properly discharged for wilful misconduct under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e), and was, therefore, ineligible for benefits.
Wilful misconduct has been repeatedly defined by this Court as the wilful disregard of the employer’s interests, a deliberate violation of the employer’s rules, a disregard of the standards of behavior which the employer has a right to expect of his employes, or negligence which manifests culpability, wrongful intent, or evil design which shows an intentional and substantial disregard of the employer’s interests or tiie employe’s duties and obligations to the employer. Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Common
Claimant argues that there was only one incident that led to his termination: his failure to contact the bank within twenty-four hours after receipt of its letter, and that since this was but a single dereliction of a minor, casual, or insignificant nature, his actions did not constitute wilful misconduct. See Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 296 A.2d 297 (1972). The fallacy of this argument is two-fold. First, there was more than one incident of failure to cooperate. Claimant failed to report to his employer within two days of the August 9, 1976, meeting. He also failed to properly respond to the August 13, 1976, letter. Second, the failure to communicate with the bank was not minor nor insignificant. The inquiry over the shortage of funds concerned a matter of a serious nature. The resolution of this matter was of major concern to the bank. Several meetings had already been held regarding this incident. In light of this, Claimant’s disregard of the bank’s requests rose to the level of wilful misconduct.
Claimant next contends that the Board failed to make a finding on his proffered justification for not contacting the bank. We have held that without definite findings vital to a claim, review by this Court is impossible. Sturniolo v. Unemployment Compensation Board of Review, 19 Pa. Commonwealth Ct. 475, 338 A.2d 794 (1975); Hunt v. Unemployment Compensation Board of Review, 8 Pa. Commonwealth Ct. 577, 302 A.2d 866 (1973). However, the justifications advanced by Claimant that he needed more time to docu
A review of the record leads us to conclude that Claimant’s failure to cooperate constituted wilful misconduct. The Board’s findings of fact are sufficient, consistent with the conclusions of law, and are supported by substantial evidence. Accordingly, we affirm.
Order
And Now, this 2nd day of May, 1978, the decision of the Unemployment Compensation Board of Review, denying benefits to Mark A. Korol, is hereby affirmed.