Database Search Result Details
First Name
|
BRENDA
|
Last Name
|
MOORE
|
Decision Date
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5/22/1989
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Docket Number
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89-H-013
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ALJ
|
NK
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Respondent
|
DEPARTMENT OF HEALTH
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Employment Type
|
STATE
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Job Title
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HEALTH SERVICE WORKER
|
Topics
|
DISMISSAL
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Primary Issues
|
Abandonment of position
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Outcome
|
GRANTED
|
Statutes
|
29-6-10(12); CSS Reg. 16.03(h), 16.06, 13.02
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Related Cases
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Keywords
|
|
Intermediate Court of Appeals
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|
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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