Database Search Result Details
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First Name
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Steven
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Last Name
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Messer
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Decision Date
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9/11/2019
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Docket Number
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2018-0935-CONS
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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TW 2
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Topics
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Dismissed
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Primary Issues
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Whether Respondent has proven the grievance must be dismissed as moot and as the remaining relief is wholly unavailable.
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Outcome
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Moot; Remedy Wholly Unavailable
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Statutes
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W. Va. Code St. R. § 156-1-3
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Related Cases
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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); Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000)
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Keywords
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Motion to Dismiss; Resignation; Employee; Relief; Moot
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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 as a Transportation Worker II. Grievant protests an alleged hostile work environment and retaliation. Respondent moved to dismiss the grievance as moot due to Grievant’s resignation from employment. Respondent has proven the grievance must be dismissed as moot and as the remaining relief is wholly unavailable. Accordingly, the grievance is dismissed.
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