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McElroy v. Pac. LightNet, Inc.

Intermediate Court of Appeals of Hawai'i

January 30, 2015

KEVIN P. MCELROY, Appellant-Appellant,
v.
PACIFIC LIGHTNET, INC., AND DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Appellees-Appellees

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (CIVIL NO. 11-1-0410-02).

On the briefs: Charles H. Brower, for Appellant-Appellant.

John S. Mackey (Torkildson, Katz, Moore, Hetherington & Harris), for Appellee-Appellee, PACIFIC LIGHTNET, INC.

By: Nakamura, Chief Judge, Fujise and Leonard, JJ.

SUMMARY DISPOSITION ORDER

Claimant-Appellant Kevin P. McElroy (McElroy) appeals from the Order Affirming Employment Security Appeals Referee's Decision, filed on March 13, 2012 (Order) and the Final Judgment filed on March 13, 2012 (Judgment) in the Circuit Court of the First Circuit (Circuit Court).[1] The Circuit Court's Judgment and Order affirmed the decision of the Department of Labor and Industrial Relations (DLIR), Employment Security Appeals Referees' Office (ESARO), filed January 27, 2011, which in turn affirmed the December 20, 2010 decision of the Unemployment Insurance Division finding that McElroy was not entitled to unemployment benefits because he left his job with Employer-Appellant Pacific Lightnet, Inc. (Lightnet) " without good cause,"

On appeal, McElroy contends that the Circuit Court erred in affirming the agency decision because the DLIR ESARO appeals officer erred in concluding that McElroy voluntarily left employment without good cause.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve McElroy's point of error as follows:

Hawaii Revised Statutes (HRS) § 383-30 (1993) outlines the circumstances that disqualify an individual from receiving unemployment benefits. HRS § 383-30(1) provides:

An individual shall be disqualified for benefits:
(1) Voluntary separation.. .. For any week beginning on and after October 1, 1989, in which the individual has left the individual's work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).

( Emphasis added). Implementing the provisions of HRS § 383-30(1) is Hawaii Administrative Rules (HAR) § 12-5-47: Voluntary ...


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