Database Search Result Details
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First Name
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TIMOTHY
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Last Name
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NEALIS
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Decision Date
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12/22/1987
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Docket Number
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02-87-231-2
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ALJ
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SK
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Respondent
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BERKELEY COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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SCHOOL BUS OPERATOR
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Topics
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RESIGNATION/NONREHIRE
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Primary Issues
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Resignation must be tendered by employee and accepted by employer.
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Outcome
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GRANTED
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Statutes
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18A-2-5, 18-29-4(a)(1); 53 Am. Jur. 2d, Master and Servant, 34.
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Related Cases
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Keywords
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RESIGNATION; ANNUAL LEAVE; REINSTATEMENT; OFFER, LEAVE OF ABSENCE
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Berkeley County 1/20/88, Civil Action #88-C-30; Reversed, Grievant had no right to avail himself of the grievance procedure, 4/1/88, Judge Henry
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Supreme Court
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Synopsis
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Gr was employed as a bus operator from October 1978 to December 1986. In December 1986 gr was offered a position with a local bakery. His request for a leave of absence from the board until he could determine whether or not he wanted to change positions was denied as leaves are granted for medical, maternity and educational reasons only. Gr requested reinstatement to his former position and was advised that a hiring freeze was in effect. The BOE inquired of the State Superintendent whether it could reconsider the grievant's resignation when he had verbally requested reinstatement before the Board had taken final action on the resignation. The State Supt interpreted the situation as having resulted from either a mistake, a misunderstanding of the law or misconduct on the part of the asst Trans Dir and that under any of these circumstances the employee would be entitled to a hearing before the board to ask for the return of his resignation.
Grievance granted; a contract of employment is terminated when an employee tenders a resignation and the proffer is accepted by the employer. Gr's attempted withdrawal of the resignation was improperly processed depriving him of the opportunity to rescind the action.
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