Database Search Result Details
|
First Name
|
James
|
|
Last Name
|
Kouns
|
|
Decision Date
|
1/25/2021
|
|
Docket Number
|
2019-1552-CONS
|
|
ALJ
|
BTC
|
|
Respondent
|
Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Health Service Worker
|
|
Topics
|
Dismissed; Mootness
|
|
Primary Issues
|
Whether this grievance must be dismissed as the relief requested is wholly unavailable and whether this grievance is moot.
|
|
Outcome
|
Moot; Remedy Wholly Unavailable
|
|
Statutes
|
W. Va. Code St. R. § 156-1-6.19.2; W. Va. Code St. R. § 156-1-3
|
|
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); Forshey v. Jackson, 222 W.Va. 743, 671 S.E.2d 748 (2008); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Dunlap v. Dep't of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 20, 2009)
|
|
Keywords
|
Motion to Dismiss; Relief; Moot
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by Respondent as a Health Service Worker. Grievant has now resigned from employment. Respondent moved to dismiss the grievance as moot. As Grievant is retired, he is no longer subject to the conditions of employment he grieved and has been paid for the suspensions he grieved. All grievance claims are either moot or request relief wholly unavailable from the Grievance Board. Accordingly, the grievance is dismissed.
|
Back to Results
Search Again