Database Search Result Details
|
First Name
|
Thomas
|
|
Last Name
|
Guertin
|
|
Decision Date
|
8/2/2017
|
|
Docket Number
|
2017-1154-DOR
|
|
ALJ
|
WBM
|
|
Respondent
|
Tax Department
|
|
Employment Type
|
STATE
|
|
Job Title
|
Auditor III
|
|
Topics
|
Dismissed; Selection
|
|
Primary Issues
|
Whether this grievance is moot.
|
|
Outcome
|
Dismissed; Moot
|
|
Statutes
|
W. Va. Code § 6C-2-1; 156 C.S.R. 1 § 6.2 (2008)
|
|
Related Cases
|
Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
|
|
Keywords
|
Selection; Promotion; Moot; Resignation; Advisory Opinion; Motion to Dismiss
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant grieves non-selection for promotion to Excise Tax Supervisor II. As relief, Grievant requests that the position be reposted and filed by proper procedures. Respondent moved to dismiss the grievance asserting mootness due to Grievant’s resignation from employment. Grievant, filed a response to the motion stating that he wishes to proceed with his grievance. Respondent proved the grievance is now moot due to Grievant’s resignation. Grievant’s resignation prior to the resolution of the grievance renders the matter moot, requiring that the grievance be dismissed.
|
Back to Results
Search Again