On appeal, a department appeal tribunal affirmed, rejecting relator's argument that the respondent was discharged for misconduct under Minn. The claims deputy for the Department of Economic Security determined that the respondent was entitled to receive benefits. Respondent applied for unemployment compensation benefits. Respondent was paid until April 15, 1983. It was approximately at this time that the respondent was terminated due to his failure to move to Worthington. On April 8, 1983, the company plane's engine became irreparable through no fault of the employee. The respondent did not move after the relator's request. The relator then insisted the respondent would have to move immediately to Worthington. He did not report for duty until 3:30 P.M. On Mathe respondent was to pilot a plane out of Worthington at 8:00 A.M. The relator documented only one missed flight. The relator also claims that the respondent's involvement with his doughnut shop exacerbated the problem because he was difficult to reach by phone. Relator contends that because respondent resided in Hastings, the company was inconvenienced and flights were missed. This extension was granted.ĭuring his three and a half years of employment, respondent continued to live in Hastings and commute to Worthington when a flight was scheduled, taking approximately four hours to drive the 180 miles between the two cities. He asked his supervisor if he could remain in Hastings until December, 1982 to get his new business going. In June of 1982 respondent bought a doughnut shop. Both of these requests were granted by the relator.ĭuring the 1981-82 year nothing occurred. The second request was for a delay until the summer of 1981 so that Miller's wife could become tenured. Upon completion of the 1980-81 school year, respondent did not relocate as anticipated by the relator. He requested that the relocation date be delayed until the end of the 1980 school year because his wife was teaching school. The first request was made when the respondent began to work for the company. The relator asserts that Miller requested several time extensions. Respondent insists that he never requested a time extension and that such an extension was not needed. The relator and respondent also disagree on whether or not time extensions to move to Worthington were granted to the respondent. The respondent acknowledges that the relator wanted him to move but denies that it was a condition of his employment. The relator claims he informed the respondent that he would be required to move from his Hastings residence to Worthington. Although the respondent resided in Hastings, he was hired *170 as a pilot for the relator, which was located in Worthington, Minnesota. Respondent was employed by Worthington Tractor Salvage, Inc. This appeal by the relator, Worthington Tractor Salvage, Inc., seeks to reverse the decision of the commissioner and to remand the case for further findings. The commissioner's representative granted respondent John Miller unemployment compensation benefits because he was involuntarily discharged from his employment for reasons other than misconduct under Minn.Stat. Heard, considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ.Ĭertiorari was granted to review the decision of the representative of the Commissioner of Economic Security. Flynn, Flynn & Lucht, Worthington, for relator. C7-83-1709.Ĭourt of Appeals of Minnesota. Top speed in fourth gear is 40 mph.346 N.W.2d 168 (1984) WORTHINGTON TRACTOR SALVAGE, INC., Relator,Ĭommissioner of Economic Security, Respondent. The most common attachment for the tractor was the gang mower, but a sickle bar mower, front snow blade, heavy duty loader, and rotary highway sweeper brush were also available. The tractor has a wheelbase of 57 inches, it weighs 2110 pounds, and the turning radius is 5-1/2 feet. Turf type tires were standard but this one has ag style rear tires. The 2 most common options on the tractor itself were dual rear wheels and a PTO. The rear wheel weights are an integral part of the wheel and weigh 130 pounds each. The frame is made from channel iron. The tractor has hydraulic brakes and a spring and shock type E-Z Ride seat. The Worthington folks assembled the rest. The front axle and steering gear are from a Ford 1/2 ton pickup while the 4 speed transmission and rear end are from a Ford 3/4 ton pickup. It uses the 8N industrial power unit consisting of the engine, radiator, front support and hood and grille. This is a 1952 Worthington Chief model "G". Then there's the Worthington golf course tractor.
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