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Trading Post Inc. v. Nunnery

January 28, 1999

THE TRADING POST, INC.
v.
SHIRLEY A. NUNNERY AND MISSISSIPPI EMPLOYMENT SECURITY COMMISSION



The opinion of the court was delivered by: Banks, Justice

DATE OF JUDGMENT: May 16, 1997

TRIAL JUDGE: HON. KEITH STARRETT

COURT FROM WHICH APPEALED: PIKE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES

(OTHER THAN WORKERS' COMPENSATION)

DISPOSITION: AFFIRMED - January 28, 1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

¶1. The Circuit Court of Pike County upheld the decision of the Mississippi Employment

Security Commission Board of Review that Shirley Nunnery, a former employee of The Trading Post, receive unemployment benefits. Aggrieved, the Trading Post appeals to this Court assigning the following issues:

"I. WHETHER THE TRIAL COURT ERRED IN HOLDING THAT NUNNERY'S ABSENCE FROM WORK DID NOT CONSTITUTE MISCONDUCT AS REQUIRED BY MISSISSIPPI CODE ANNOTATED § 71-5-513? "II. WHETHER THE TRIAL COURT ERRED IN PLACING AN UNDUE BURDEN ON THE TRADING POST?"

¶2. We affirm the decision that Nunnery receive unemployment benefits because her absence did not constitute wilful misconduct.

I.

ΒΆ3. Shirley Nunnery was employed as a secretary at the Trading Post Inc. from July 1, 1995 until April 22, 1996. Prior to her termination Nunnery asked her boss, Jack Terrell, if she could have Thursday and Friday off because she wanted to help her brother paint his house. Terrell replied that he needed her to be in those ...


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