Database Search Result Details

First Name BRENDA
Last Name MOORE
Decision Date 5/22/1989
Docket Number 89-H-013
ALJ NK
Respondent DEPARTMENT OF HEALTH
Employment Type STATE
Job Title HEALTH SERVICE WORKER
Topics DISMISSAL
Primary Issues Abandonment of position
Outcome GRANTED
Statutes 29-6-10(12); CSS Reg. 16.03(h), 16.06, 13.02
Related Cases
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis An employee's taking of emergency annual leave for bona fide sick leave purposes, after a timely verbal request which was improperly denied by the employing agency, does not constitute an abandonment of position or cause for dismissal, especially where the employee gave notice that the anticipated absence was for only a few days. Respondent did not meet it's burden of proof that the discharge of Grievant was for good cause.

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