Section 29 (1)(h)
ASSAULT AND BATTERY, Proof
CITE AS: Yount v Hoover Chemical Co, No. 61747 (Mich App July 13, 1983).
Appeal pending: No
Claimant: Bennie D. Yount
Employer: Hoover Chemical Co
Docket No: B76 12792 RM1 RO 69001
COURT OF APPEALS HOLDING: There is no requirement under the statute for a separate proceeding to determine if claimant committed an assault and battery in order for claimant to be disqualified under Section 29(1)(h).
FACTS: Claimant approached his chief steward concerning a grievance he wished to make against the employer. An argument ensued and claimant tweaked the steward on the cheek. She knocked his hand aside and he slapped her face; knocking her glasses off, spinning her around and nearly knocking her down. As a result the employer discharged claimant.
DECISION: Claimant is disqualified for assault and battery under Section 29(1)(h).
RATIONALE: The court found there was sufficient evidence for the referee to find claimant was guilty of assault and battery on his shop steward. Claimant had not previously preserved the issue of whether Section 29(1)(h) of the MES Act required a separate judicial determination. However, the court would not be inclined to interpret the statute to require a separate proceeding, presumably criminal, to determine whether claimant committed an assault and battery. Additionally, the fracas occurred on the employers premises during working hours and in front of other employees. This was disruptive and sufficiently work connected to find claimant disqualified under Section 29(1)(h).