stating a person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice
How later courts described this case
- stating a person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice
- “after careful review and consideration of the record”
Written by the judges who cited it.
The opinion
MARING, Justice,
concurring in the result.
I write separately to again point out, in adherence with my concurrence in Esselman v. Job Service, 548 N.W.2d 400 (N.D.1996), that an employee may have good cause to quit when an employer, who is present during harassing and intimidating behavior directed by one employee at another co-employee, does nothing to stop or discourage such harassment. Merely setting up retreats and meetings without regard to how those meetings are conducted does not satisfy the responsibility of the employer to stop harassment of which it has notice.
I am bound by the standard of review set forth in section 28-32-19, N.D.C.C., and *400 again I cannot say that a reasoning mind could not have reasonably decided that the agency’s factual conclusions were supported by the weight of the evidence. I, therefore, agree with the majority that the agency decision must be affirmed.