Virginia Employment Commission v. City of Virginia Beach

284 S.E.2d 595, 222 Va. 728, 1981 Va. LEXIS 367
CourtSupreme Court of Virginia
DecidedDecember 4, 1981
DocketRecord Nos. 790791, 800943 and 801141
StatusPublished
Cited by18 cases

This text of 284 S.E.2d 595 (Virginia Employment Commission v. City of Virginia Beach) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia Employment Commission v. City of Virginia Beach, 284 S.E.2d 595, 222 Va. 728, 1981 Va. LEXIS 367 (Va. 1981).

Opinion

HARRISON, J.,

delivered the opinion of the Court.

The dispositive issue in these consolidated cases is whether the Virginia Employment Commission is a “person aggrieved” by the judgments of the courts below within the meaning of Code § 8.01-670. 1

A.

The City of Virginia Beach Case

Anne Guizzetti, a clerk-typist employed by the Virginia Beach Police Department, was convicted of shoplifting merchandise from a local department store. Upon learning of her conduct, the City terminated Guizzetti for a violation of the City’s Code of Ethics which, in section three, prohibited City employees from “breach[ing] the law.” Guizzetti sought unemployment benefits, and her claim was allowed by a deputy commissioner, who found she was not guilty of misconduct “in connection with work.” A series of appeals followed, resulting in a circuit court reversal of the full Commission’s decision allowing Guizzetti’s unemployment *731 benefits claim. We then granted the Commission an appeal. Guizzetti did not seek an appeal and is not before this Court.

B.

The City of Virginia Beach School Board Case

Kenneth W. Mulligan filed claim for unemployment benefits arising out of his position as a substitute teacher for the Virginia Beach School Board. The claim progressed administratively with the full Commission deciding inter alia that Mulligan was eligible for benefits during certain periods. On appeal, the circuit court reversed the Commission’s decision, holding that claimant was not eligible for unemployment benefits. Mulligan is. not a party to the Commission’s appeal from this final order.

C.

The Sharon Raiford Case

Sharon Raiford, a key punch operator for Liebherr America, Inc., sought medical attention for depression resulting from “job pressure” and the hiring of another employee at a higher wage rate. She subsequently quit her job and filed a claim for unemployment compensation. The full Commission disqualified Raiford for benefits because “she left work voluntarily without good cause.” Upon Raiford’s petition for judicial review, the court below found that she was entitled to receive benefits and reversed the Commission’s decision. The employer, Liebherr, did not join the Commission in this appeal.

Code § 60.1-67 stated that appeals from circuit court decisions in employment compensation cases are to be taken “in conformity with the general law governing appeals in equity cases.” 2 We construed this language in Blankenship v. Virginia U.C.C., 177 Va. 250, 257, 13 S.E.2d 409, 412 (1941), and said “for an appeal to be ‘in conformity with the general law,’ it must be in accordance, in agreement, or in harmony therewith.” The “general law” regarding the cases which may be appealed to this Court is contained in Code § 8.01-670 as construed and applied by this Court. This statute provides that any person may present a petition for an appeal to this Court if he believes himself aggrieved by certain specified judgments and orders.

*732 The losing parties in the instant cases, clearly the parties aggrieved, have accepted the circuit courts’ judgments and have not appealed. The Commission is the only party before this Court challenging the rulings. The standing of the Commission to prosecute the instant appeals has been challenged here. Therefore, as a threshold matter we must determine if the Commission is a “person aggrieved” within the purview of Code § 8.01-670.

In Insurance Association v. Commonwealth, 201 Va. 249, 110 S.E.2d 223 (1959), the Virginia Association of Insurance Agents sought to appeal two orders of the State Corporation Commission approving certain rates for automobile bodily injury and property damage liability insurance. We held that the Association was not, within the contemplation of Code § 12-63 (now § 12.1-39), a “party in interest” or a “party aggrieved” by the orders. Quoting with approval 4 C.J.S., Appeal and Error § 183(b)(1) (1957), we said:

“In legal acceptation a party or person is aggrieved by a judgment, order, or decree, so as to be entitled to appeal or sue out a writ of error, whenever it operates prejudically and directly upon his property or pecuniary rights or interest, or upon his personal rights, and only when it has such effect. The word ‘aggrieved’ in a statute, it has been held, refers to a substantial grievance, a denial of some personal or property right, legal or equitable, or the imposition upon a party of a burden or obligation; ***.”

201 Va. at 253, 110 S.E.2d at 226.

And in Nicholas v. Lawrence, 161 Va. 589, 593, 171 S.E. 673, 674 (1933), we said:

Before a person is entitled to an appeal or writ of error he must show that he has an immediate, pecuniary and substantial interest in the litigation, and not a remote or indirect interest. He must also show that he has been aggrieved by the judgment or decree of the lower court. Appeals and writs of error are not allowed for the purpose of settling abstract questions, however interesting and important to the public they may be, but only to correct errors injuriously affecting the appellant or plaintiff in error.

*733 These requirements for standing to appeal were recently reiterated in the case of Harbor Cruises v. Corporation Comm., 219 Va. 675, 250 S.E.2d 347 (1979).

The Commission contends that it has a substantial pecuniary interest in the outcome of all cases in which it is a party. It states that in addition to its role of administrative arbiter of employment benefits claims, it is the trustee and keeper of the Commonwealth’s Unemployment Compensation Fund from which it is required to pay benefits and administrative expenses. The Commission argues:

Acting then as a trustee, VEC has a vital pecuniary interest in any circuit court decisions which either require VEC to pay over funds held in the state treasury to the credit of the trust fund or prohibit VEC from collection of taxes creditable to the trust fund which would replace benefits paid.

Further, it argues that the “status” of the Unemployment Compensation Fund and its impact on benefit claimants “renders this case a revenue matter” appealable under the Virginia Constitution, Article VI, Section 1.

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284 S.E.2d 595, 222 Va. 728, 1981 Va. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-employment-commission-v-city-of-virginia-beach-va-1981.