Database Search Result Details
|
First Name
|
SHERRY
|
|
Last Name
|
GASKINS
|
|
Decision Date
|
4/12/1990
|
|
Docket Number
|
90-H-032
|
|
ALJ
|
RW
|
|
Respondent
|
DEPARTMENT HEALTH AND DIVISION OF PERSONNEL
|
|
Employment Type
|
STATE
|
|
Job Title
|
LICENSED PRACTICAL NURSE II
|
|
Topics
|
TIMELINESS
|
|
Primary Issues
|
|
|
Outcome
|
DENIED
|
|
Statutes
|
|
|
Related Cases
|
Durrutta v. Mingo BOE, 382 S.E.2d 40 (W. Va. 1989); Naylor v. WV Human Rights, 378 S.E.2d 843 (W. Va. 1989)
|
|
Keywords
|
UNTIMELY
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant, hired in Sept. 85, at Lakin State Hospital, filed a grievance on July 19, 1989, contending she had been misclassified as a LPN I, rather than LPN II, during most of the time she had been employed by Respondent. Primary issues were whether grievance was timely filed and whether Respondent should be precluded from relying on a timeliness defense based on the principles of equitable estoppel. DECISION: DENIED. Grievance denied as untimely. Although it was acknowledged the time periods for filing a grievance are not jurisdictional in character, the ALJ concluded that Respondent's conduct would not justify invoking principles of equitable estoppel to preclude it from relying on timeliness as a defense. Grievant did not file within AFSCME 90-day time period or within 10 working days of when she last worked out of classification. Grievant's ignorance of procedure would not toll/excuse untimely filing.
|
Back to Results
Search Again