Section 11 Other Remedies for Inadequate Notice of Pre-Disciplinary Hearing

• Library: Personnel Hearings 2011

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In Department of Social Services, Division of Youth Services v. Oliver, 261 S.W.3d 719 (Mo. App. W.D. 2008), the PAB held the final disciplinary hearing. When issuing its decision, the PAB determined that the employee had not received notice of the employer’s decision to terminate him in time to have a reasonable opportunity for the required pre-disciplinary hearing. The PAB reinstated the employee with backpay. But then, the PAB reasoned that the employer would simply repeat the proceedings by providing adequate and timely notice...