( Garrett )
( McClain County - W. Dean Hart )
MEMORANDUM OPINION
Talva Hicks (Hicks) accepted temporary employment with Wright & Edwards (Appellee or Employer). Hicks was to work at Employer's law firm for approximately three months while a permanent employee of the law firm was on maternity leave. Her agreement with employer, when she was hired, included an agreement that her employment was temporary and would terminate when the permanent employee returned to work. When the regular secretary returned, after her baby was born, Hicks left the job. She filed a claim for unemployment compensation with the Oklahoma Employment Security Commission (OESC).
OESC allowed Hicks claim for unemployment compensation benefits. Employer appealed to the OESC appeal tribunal, which upheld the award. Employer then appealed to the OESC Board of Review (collectively with OESC, Appellant). The award was upheld. Employer then filed a petition for judicial review in the district court. The court reversed the OESC order allowing Hicks benefits. The court found, pursuant to undisputed facts, that Hicks had voluntarily separated from employment and therefore was not entitled to unemployment compensation as a matter of law. OESC appeals from the court's order.
Employer contends OESC does not have standing to appeal. Employer contends this matter has been concluded because neither it nor Hicks, the real parties in interest, appealed the court's decision. OESC contends it is required to be a party to an appeal by