HRS 0383-0030 ANNOTATIONS

Commentary on Selected Employment and Labor Law Decisions Under the Lum Court. 14 UH L. Rev. 423.

Suitable work--refusal to return to own job during dispute does not disqualify. 46 H. 140, 377 P.2d 715. Voluntary separation--striking, in itself does not disqualify. Id. "Left his work voluntarily" as used in §§383-30(1) and 383-65 has same meaning. 46 H. 164, 377 P.2d 932.

"Discharge for misconduct" does not include suspension for misconduct. 54 H. 563, 512 P.2d 1.

Under paragraph (4) of this section labor dispute--includes dispute over employee representation resulting in organizational strike. Stoppage of work--substantial curtailment of employer's operations. 46 H. 140, 377 P.2d 715. Stoppage of work. 50 H. 225, 437 P.2d 317; 68 H. 316, 713 P.2d 943. "Stoppage of work" means substantial curtailment of business activities at employer's establishment, rather than unemployment of striking employee; "establishment," construed. 53 H. 185, 489 P.2d 1397.

Whether Hawaii's scheme of paying benefits to striking employees impermissibly intrudes in the collective bargaining process covered by federal statutes. 378 F. Supp. 791.

Paragraph (4) not pre-empted by National Labor Relations Act. 614 F.2d 1197.

Before employee can be disqualified for failure to "accept suitable work when offered him," there must have been a tender of a specific and bona fide offer of work. 58 H. 265, 567 P.2d 1233.

Findings of fact by department if supported by substantial evidence are conclusive. 58 H. 265, 567 P.2d 1233.

Where disqualification is claimed, employer has burden of proof. 58 H. 265, 567 P.2d 1233.

Retiring worker did not quit voluntarily without good cause. 65 H. 146, 648 P.2d 1107.

Violation of traffic code by crossing solid line not "misconduct" under circumstances. 67 H. 212, 685 P.2d 794.

Does not prohibit payment of benefits unless claimant became unemployed as a result of discharge for misconduct. 68 H. 19, 704 P.2d 881.

Disqualification for benefits on basis of labor dispute includes stoppage of work caused by lockout. 69 H. 319, 741 P.2d 1272.

Employer failed to prove a continuing employment relationship at the time of recall when it attempted to seek disqualification of unemployment benefits. 71 H. 419, 794 P.2d 1115.

After many counseling sessions and notices regarding employee's poor dependability, employee should have known job would be in jeopardy if employee left work early without permission; employee's conscious decision to do so constituted an unexcused absence which demonstrated a "wilful or wanton disregard of the employer's interests" and disqualified employee for unemployment benefits. 84 H. 305, 933 P.2d 1339.

Employee did not voluntarily quit employment but was discharged where employer was moving party in termination of employment relationship. 84 H. 305, 933 P.2d 1339.

Employee has burden of proving that a voluntary termination was with good cause; employee has duty to try reasonable alternatives for solution of problem within employer's organization before terminating employment. 2 H. App. 560, 634 P.2d 1058.

Where employee voluntarily quits employment under paragraph (1), employee has burden of proving that his or her leaving was with good cause. 80 H. 481 (App.), 911 P.2d 116.

"Constructive voluntary leaving" doctrine cannot be basis for disqualification from unemployment benefits under paragraph (1). 84 H. 407 (App.), 935 P.2d 122.

For employee to be the "moving party in the termination of the employment relationship" and to therefore have "left work voluntarily," the facts and circumstances must indicate that employee had the intent to terminate the employment relationship. 84 H. 407 (App.), 935 P.2d 122.

Where claimant knew or should have known that claimant's job would be in jeopardy if claimant chose to drive uninsured, and claimant made a conscious decision in the face of that risk to do precisely that, demonstrating a "wilful or wanton disregard of employer's interests", defined by Hawaii administrative rule §12-5-51(c) as "misconduct connected with work", this disqualified claimant from unemployment insurance benefits under paragraph (2). 93 H. 75 (App.), 996 P.2d 280.

Construing §383-29 and this section together, in order to requalify for unemployment insurance benefits after a voluntary separation without good cause, an individual must work for a subsequent employer who is subject to this chapter and be paid wages from the subsequent employer in an amount sufficient to meet the requalification earnings threshold. 94 H. 262 (App.), 12 P.3d 362.

Mentioned: 817 F. Supp. 850.

Cited: 44 H. 93, 94, 352 P.2d 856.

Refusal of work. 77-1 HLR 77-49.