Database Search Result Details
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First Name
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Debbie
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Last Name
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Sparks
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Decision Date
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10/5/2017
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Docket Number
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2017-2089-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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Outcome
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Granted
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Statutes
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Related Cases
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Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 241 S.E.2d 164 (1977); Oakes v. W. Va. Dep't of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965)
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Keywords
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Termination; Attendance Improvement Plan; Shift; Overlap; Progressive Discipline; Predetermination Conference; Due Process; Arbitrary and Capricious
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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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Grievant was employed by Respondent at Mildred Mitchell-Bateman Hospital as a Health Service Worker. Grievant was dismissed from employment following progressive discipline for attendance issues. Respondent failed to provide Grievant with notice and opportunity to be heard on part of the charges upon which her termination was based. Respondent failed to prove it had good cause to dismiss Grievant from employment. Grievant’s tardiness of a few minutes during “shift overlap” appears to be more a “technical [violation] of statute or official duty without wrongful intention" rather than “misconduct of a substantial nature directly affecting the rights and interest of the public.”
Accordingly, the grievance is granted.
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