05. Denial Periods

Gillette v Jackson Public Schools – 5.08

Gillette v Jackson Public Schools
Digest no. 5.08

Section 27(i)

Cite as: Gillette v Jackson Pub Schools, unpublished opinion of the Jackson County Circuit Court, issued July 14, 1980 (Docket No. 79 017594).

Appeal pending: No
Claimant: Kathleen A. Gillette, et al.
Employer: Jackson Public Schools
Docket no.: B76 19061 54930
Date of decision: July 14, 1980

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CIRCUIT COURT HOLDING: Where Labor Day is the first day of a school district’s academic year, the week of the holiday is a compensable week.

FACTS: These appeals involved 10 teachers and a school bus driver.

“Claimant’s applications for Unemployment benefits for the week containing Labor Day were denied by the Michigan Unemployment Security Commission under Section 27(i)(2) and (4) of the Michigan Employment Security Act (MSA 17.529)(i)(2) and (4).”

DECISION: The week ending September 11, 1976 is a compensable week for the claimants.

RATIONALE: “Appellees base their position on Section 50(a) of the Act (MSA 17.554(a)) which provides: ‘Week’ means calendar week, ending at midnight Saturday … ‘”

“And Appellees argue that pursuant to Section 50(a) and then existing commission procedures, compensable weeks for unemployment benefits ran from Sunday through Saturday and if an individual was disqualified for one day of the week, he was disqualified for the entire week.”

“Appellees’ narrow interpretation of the Statute does not carry out the Declaration of Policy of the Act … ”

Digest Author: Board of Review (original digest here)
Digest Updated: