STEVE M OWENS, Employee
APPETIZE INC, Employer
Dated and mailed September 16, 2011
owensst . usd : 132 : 1
BY THE COMMISSION:
/s/ Robert Glaser, Chairperson
/s/ Ann L. Crump, Commissioner
/s/ Laurie R. McCallum, Commissioner
NOTE: The ALJ ceased questioning the employer after determining that the employer's witness did not have first-hand information regarding the reason for the discharge. The commission noted in Canady v. Children's Pantry Family Resource Center Inc., UI Dec. Hearing No. 08600122MW (Mar. 28, 2008), that DOL criteria state that the ALJ must obtain reasonably available information. This would include information from the employee who was at the hearing. Further, the administrative code states that the ALJ has a responsibility to develop the facts and call witnesses the ALJ deems necessary. Wis. Admin. Code § DWD 140.15(2).
Further, the employer states in its petition that it has attended other hearings where the person who discharged the employee was not present, and the hearing was not handled like the present case. The employer states that given its past experience, it did not request a postponement based on the unavailability of the individual who performed the discharge.
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