Akiba v. Waiolena

12 P.3d 362, 94 Haw. 262, 2000 Haw. App. LEXIS 175
CourtHawaii Intermediate Court of Appeals
DecidedOctober 5, 2000
DocketNo. 22204
StatusPublished
Cited by3 cases

This text of 12 P.3d 362 (Akiba v. Waiolena) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akiba v. Waiolena, 12 P.3d 362, 94 Haw. 262, 2000 Haw. App. LEXIS 175 (hawapp 2000).

Opinion

[263]*263Opinion of the Court by

WATANAJBE, J.

The sole issue in this appeal is whether an individual who has been disqualified from receiving unemployment insurance (UI) benefits for quitting a job without good cause is required to earn sufficient wages from subsequent employment in order to reach the “five times the weekly benefit” earnings threshold necessary to requalify for UI benefits (re-qualification earnings threshold) under Hawaii Revised Statutes (HRS) § 383-30(1) (1993). Appellee-Appellant Pamela Waiole-na (Claimant) maintains that she could re-qualify for UI benefits using the wages she earned from the job she quit, as long as she actually received the wages after quitting.

We disagree with Claimant. Accordingly, we affirm the “Pinal Judgment” entered by the Circuit Court of .the First Circuit (the circuit court) on December 17, 1998, as well as the circuit court’s December 14, 1998 “Order Reversing Employment Security Appeals Office’s Decision.”

BACKGROUND

After working part-time at a company called 24 Hour Fitness, Inc. (24 Hour Fitness), Claimant voluntarily quit her job on January 25, 1998.1 Claimant’s last two paychecks from 24 Hour Fitness were dated February 6, 1998 and February 20, 1998, respectively. The pay stub for the February 6,1998 paycheck indicates that Claimant was paid a gross amount of $202.95 for work performed from January 1 to 15, 1998. The pay stub for the February 20, 1998 paycheck shows that 24 Hour Fitness paid Claimant the gross amount of $342.90 for work performed between January 16 to 31,1998. The total gross income earned by Claimant for work performed for 24 Hour Fitness during January 1998, as reflected by the two pay stubs, was $545.85.

During the period that Claimant was employed at 24 Hour Fitness, she also worked for the State of Hawaii (the State) Department of Education as a substitute teacher. For such work, Claimant received paychecks from the State for $504.70 on February 27, 1998; $100.94 on March 13, 1998; and $302.82 on March 31, 1998. These checks totaled $908.46.

After leaving her job at 24 Hour Fitness, Claimant filed an application for UI benefits with the State Department of Labor and Industrial Relations (DLIR). By a March 23, 1998 written decision signed by a DLIR claims examiner and mailed to Claimant on the same date, the DLIR notified Claimant, in relevant part, as follows:

You are disqualified for benefits beginning January 25, 1998 and continuing until you are paid wages in covered employment equal to not less than 5 times your weekly benefit amount after January 31,1998.
[HRS § 383-30(1) ] provides that an individual shall be disqualified for benefits if the individual left work voluntarily without good cause. The disqualification is until the individual has worked at least 5 consecutive weeks after the week in which the disqualifying act occurred. Effective October 1, 1989, the disqualification is until the individual has subsequent to the week in which the voluntary separation occurred, been paid wages in covered employment equal to not less than five times the individual’s weekly benefit amount as determined under section 383-22(b).
Per decision dated February 13, 1998, you were disqualified from benefits beginning January 25, 1998, because you voluntarily quit your job without good cause.
You submitted pay stubs from [24 Hour Fitness], receipts from self employment activity, and pay stubs from [the State]. Although you were paid wages by [24 Hour Fitness] after the disqualification period, this was for work performed prior to the disqualification period, and as such, cannot be used for requalifieation. You also report income received from self employment activities. As this income is not consid[264]*264ered covered employment, it cannot be used for requalification.
You currently work for [the State] as a substitute teacher and have earned gross wages of $605.64 to date. Since the gross wages you earned were less than $1420, (which is less than 5 times your weekly benefit amount of $284,) you have not met the requalifieation provisions of Section 383-30(1). The decision dated February 13,1998,[2] remains in effect.

(Footnote added.)

On March 27, 1998, Claimant filed an appeal of the DLIR’s decision to the Employment Security Appeals Office. On April 22, 1998, an appeals officer reversed the DLIR decision, stating, in relevant part, as follows:

[HRS § 383-30(1) ] provides that to calculate qualifying wages, the wages must be paid after the disqualification period. In this case, the disqualification period begins January 25, 1998 and ends January 31, 1998. The record shows claimant received $1,454.31[3] in wages after the disqualification period. Accordingly, [Claimant meets the requalification provisions of Sec-' tion 383-30(1), Hawaii Employment Security Law.
[[Image here]]
... As of March 31, 1998, [Claimant meets the requalification provisions.

On April 27, 1998, the DLIR Director (the Director) filed an “Application for Reopening of Appeals Officer’s Decision,” which was granted. After a rehearing, the appeals officer issued Decision 9800951, dated May 21, 1998, affirming her prior decision. The Director then filed an appeal to the circuit court, which on December 14, 1998, filed an “Order Reversing Employment Security Appeals Office’s Decision 9800951.”

This appeal by Claimant followed.

DISCUSSION

HRS § 383-30 provides that an individual shall be disqualified from receiving UI benefits in certain circumstances. The particular disqualification that we have been asked to construe in this case is contained in subsection (1) of HRS § 383-30, which provides, in pertinent part, as follows:

Disqualification for benefits. An individual shall be disqualified for benefits:

(1) Voluntary separation.... For any week beginning on and after October 1,1989, in which the individual has left the individual’s work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been paid wages in covered employment equal to not less than five times the individual’s weekly benefit amount as determined under section 383-22(b).

Construction of a statute is a question of law that we review on appeal de novo. Korean Buddhist Dae Won Sa Temple v. Sullivan, 87 Hawai'i 217, 229, 953 P.2d 1315, 1327 (1998). The Hawaii Supreme Court has instructed that in construing a statute,

we must, of necessity, observe some established rules of statutory construction.
...

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Related

Van Ness v. State, Department of Education.
319 P.3d 464 (Hawaii Supreme Court, 2014)
Tamashiro v. Department of Human Services
146 P.3d 103 (Hawaii Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
12 P.3d 362, 94 Haw. 262, 2000 Haw. App. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akiba-v-waiolena-hawapp-2000.