Summary
remanding to supplement the record where a pertinent hearing transcript was not included in record on appeal
Summary of this case from Evins v. CarvinOpinion
No. E 12-6
09-19-2012
SONYA M. McALISTER APPELLANT v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, AND CAR-MART APPELLEES
APPEAL FROM THE ARKANSAS
BOARD OF REVIEW
[NO. 2010-BR-01351]
REMANDED TO SUPPLEMENT THE
RECORD
DOUG MARTIN , Judge
On May 16, 2012, this court remanded this case to the Board of Review for further findings with respect to appellant Sonya McAlister's claim that she left her job at Car-Mart due to gender discrimination by the general manager. Specifically, this court directed the Board to address and issue a ruling on McAlister's claim of gender discrimination in its determination of whether good cause existed for McAlister to leave her job. The Board conducted a telephone hearing on May 31, 2012, in order to take additional testimony concerning McAlister's claim.
In a decision filed July 3, 2012, the Board found that McAlister had not established by a preponderance of the evidence that she had good cause connected with the work to leave her employment at Car-Mart and that, in any event, McAlister had not made reasonable efforts to resolve the perceived mistreatment prior to quitting. We cannot, however, address the merits at this time because the transcript from the hearing held on May 31, 2012, is not in the record on appeal. Therefore, this case is remanded to the Board of Review to supplement the record by including the hearing transcript dated May 31, 2012. See, e.g., Bennett v. Director, 73 Ark. App. 281, 42 S.W.3d 588 (2001).
Remanded to supplement record.
VAUGHT, C.J., and GLOVER, J., agree.
McAlister v. Williams, 2012 Ark. App. 349.