Opinion
Oct. 27, 1971.
Editorial Note:
This case has been marked 'not for publication' by the court.
In unemployment compensation proceedings, evidence supported Industrial Commission's determination that petitioner, who cited a "conflict of personalities" as reason for termination of employment but whose attitude was shown to have contributed to conflict, was entitled to only fifty percent of unemployment benefits. 1965 Perm.Supp. C.R.S., section 82-4-8(5) (c).
Robert D. Bradley, Denver, for petitioner.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., for respondent Industrial Comm. of Colorado.
COYTE, Judge.
This is an appeal from a decision of the Industrial Commission concerning an award of unemployment benefits.
Petitioner was employed by the respondent, The Denver Dry Goods Company. On April 20, 1970, her employment was terminated by the personnel supervisor. She filed for unemployment compensation, citing a 'conflict of personalities' as the reason for termination. The case was heard by a referee who awarded petitioner fifty percent of benefits pursuant to 1965 Perm.Supp. C.R.S.1963, 82--4--8(5)(c), which provides for such awards,
'* * * under conditions indicating that the claimant contributed to, but was not wholly responsible for, incompatibility with a supervisor or fellow employees.'
The personnel administrator, who terminated the petitioner's employment, testified before the referee that the claimant could not get along with an individual from another department who did the scheduling; that the petitioner claimed she was being picked on; that she objected to her schedule and the work assignments; and that because of this personality conflict and the inability of petitioner to get along with this individual who did the work scheduling, her employment was terminated. Petitioner, on the other hand, claimed she was merely standing up for a retarded boy employed by the company, and that her discharge occurred, in part, because her supervisor wished another person to be put in her place. There was a conflict over the specific cause of termination. The Commission decided that part of the basis of the discharge was a personality conflict caused in part by petitioner's attitude, which justified a reduction of benefits by fifty percent in accordance with 1965 Perm.Supp., C.R.S.1963, 82--4--8(5)(c).
Our function is not to weigh the evidence and determine the facts, but it is to review the record for evidence in support of the Commission's findings. Morrison Road Bar, Inc. v. Industrial Commission, 138 Colo. 16, 328 P.2d 1076. There is sufficient evidence to support the Commission's determination.
Order affirmed.
DUFFORD and PIERCE, JJ., concur.