Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Hearing officer finds employee claiming to have been suspended by his supervisor was AWOL

Hearing officer finds employee claiming to have been suspended by his supervisor was AWOL
New York City Health and Hospitals Corporation v Dely, OATH Index #2435/09

The New York City Health and Hospitals Corporation charged housekeeper Julien Dely with being absent without leave. Dely argued that he had not been AWOL but had been suspended by his supervisor after refusing to wear the Corporation?s new uniform.

Testimony indicated that a labor relations officer had told the housekeeper that the new uniforms were mandatory; he could not come to work if he did not wear the uniform.
Administrative Law Judge Julio Rodriguez found that the housekeeper's belief that he was suspended was unreasonable and sustained the charges.

The penalty recommended by Judge Rodriguez: dismissal.

Full post as published by New York Public Personnel Law on March 16, 2010 (boomark / email).