Database Search Result Details
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First Name
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KAREN
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Last Name
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BONNELL
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Decision Date
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3/8/1990
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Docket Number
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89-CORR-163
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ALJ
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NK
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Respondent
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DEPARTMENT OF CORRECTIONS
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Employment Type
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STATE
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Job Title
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NURSE I
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Topics
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DISMISSAL; PROBATIONARY
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Primary Issues
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Jurisdiction
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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29-6A-2(E);11.06
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Related Cases
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MAJOR V. DEFRENCH, 286 S.E.2D 688 (1982)
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Keywords
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PROBATIONARY
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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THIS CASE HOLDS THAT THE BOARD HAS JURISDICTION TO HEAR GRIEVANCES BY PROBATIONARY EMPLOYEES AND USUALLY THEY SHOULD PROCEED THROUGH THE LOWER LEVELS. TERMINATION OF PROBATIONARY EMPLOYEES IS NOT PER SE DISCIPLINARY IN NATURE AND THE BURDEN OF PROOF WILL BE ON THE EMPLOYEE. HERE THE R DID NOT GIVE PROPER NOTICE AS REQUIRED BY THE PERSONNEL RULES AND THIS WAS FOUND TO BE PREJUDICIAL IN THIS CASE. THE EMPLOYEE SUFFERED AN ON THE JOB INJURY AND COULD NOT COMPLETE HER PROBATIONARY EMPLOYMENT. THE LAW DOES NOT EXPRESSLY EMPOWER AN EXAMINER TO AWARD COSTS AND FEES ABSENT BAD FAITH AND HEARING EXAMINERS CANNOT AWARD ATTORNEY FEES. SMARR V. WOOD CO. G WAS GIVEN A REASONABLE TIME NOT ABOVE ONE YEAR TO RECOVER FROM HER WORK-RELATED INJURY AND AN OPPORTUNITY TO COMPLETE HER PROBATIONARY EMPLOYMENT.
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