LIHUE — The Hawaii Supreme Court convened at Kauai Community College on Wednesday.
The state’s five Supreme Court Justices listened to oral arguments on an actual case in the KCC auditorium in front of hundreds of high school students from all over the island.
The event was part of the Judiciary’s Courts in the Community program, an outreach initiative that provides students an opportunity to learn more about the court’s role in government and its function in resolving disputes in a democratic society.
The case involves a Coca-Cola employee on Oahu, Tammy Josue, who, upon return from a work injury leave, was not given her job back because a replacement was hired. Josue claims she was discriminated against solely because of the work injury, an allegation that, if true, would mean her employer violated state laws protecting workers who miss time at their jobs as a result of injuries suffered on the job.
“To actually see the process and get to meet the justices has been really exciting and kind of eye opening,” said Katie Jones, a KCC student who attended the hearing.
Another KCC student, Shawn Marugame, said she became familiar with the case ahead of time, but watching the process was a different experience.
“After reading through the case, from our business law teacher, it’s actually way more better in person, hearing it and feeling it,” she said.
Supreme Court Chief Justice Mark Recktenwald called the KCC auditorium “just a fantastic venue.”
“We’re able to bring together students from across the island. Also, we’re very excited to have business law students here from Kauai Community College,” he said.
At the end of the hearing, the Supreme Court deferred its decision to a later date. The justices took off their robes and spent some time outside the auditorium doing interviews with media outlets and answering questions from students.
They could not answer questions about Josue’s case or any other that might eventually come before the Supreme Court.
Josue was employed at Coca-Cola when, in May 2009, she suffered a stress injury that resulted from her employment. Josue was unable to work, and Coca-Cola placed her on a 12-month leave of absence in accordance with its disability leave policy.
On April 15, 2010, Coca-Cola hired an employee to permanently fill Josue’s position. Josue was authorized to return to work by her doctor on Sept. 1, 2010, with no restrictions. Upon her return, Josue was informed that her position had been filled.
Coca-Cola later offered Josue other positions that Josue declined, which she explained either offered lower pay or required minimum qualifications that she did not possess. Josue was told that if she did not find a new position with the company within 12 weeks, she would be terminated.
Two weeks later, Josue filed a complaint with the Department of Labor and Industrial Relations, alleging that Coca-Cola discriminated against her when the company did not return her to her position after she was cleared to return to work.
The labor department ultimately concluded that Coca-Cola did not return Josue to her former position “solely because of her work injury,” which violated Hawaii labor laws. Coca-Cola filed an appeal in Oahu’s First Circuit Court, which reversed the labor department’s decision.
Josue then appealed the circuit court’s ruling, and the case was taken to the Hawaii Intermediate Court of Appeals. The appellate court sided with the circuit court’s decision, ruling that Coca-Cola’s actions against its employee were based on additional business concerns other than her work injury, specifically that Josue’s absence created a business hardship.
Josue appealed the case once again, taking the issue to the highest appeals court in the state. She claims that the circuit and intermediate courts erred, failing to take into account the fact that, if not for her injury, there would have been no need to fill the position. Josue also contends that Coca-Cola was required to either leave the position vacant or hire a temporary employee until she was able to return.
•••
Caleb Loehrer, staff writer, can be reached at 245-0441 or cloehrer@thegardenisland.com.
