Labor & Employment Law

Mediation suggested as a possible remedy to resolve the strained relationship between an employee and a supervisor

Mediation suggested as a possible remedy to resolve the strained relationship between an employee and a supervisor

New York City Health and Hospitals Corporation v Jean-Baptist, OATH Index No. 1648/09

OATH Administrative Law Judge Kara Miller dismissed charges against a dietary aid, Claire Jean-Baptiste, accused by the New York City Health and Hospital Corporation of speaking inappropriately to her supervisor and failing to follow her directive not to place food trays in front of the exhaust fans of a refrigerator.

The supervisor, however, did not see Jean-Baptiste so place the trays in the refrigerator, nor did Jean-Baptiste admit to doing so.

Jean-Baptiste was also charged with arguing with her superior. Judge Miller found that the argument took place in a private area and did not involve profanity or disrupt the workplace. She ruled that this behavior did not amount to misconduct.

ALJ Miller, however, commented that the relationship between the Jean-Baptiste and her supervisor was strained and suggested that meditation might be an appropriate remedy in this situation.

The decision is posted on the Internet at:

Health & Hospitals Corp. (Coney Island Hospital) v. Jean-Baptist,

Full post as published by New York Public Personnel Law on May 28, 2009 (boomark / email).