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Richards v. PERB, et al
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Richards v. PERB, et al
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Richards v. PERB, et al
S. Ct. Crim. No. 2017-0043
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Case Caption:
RICHARDS v. PUBLIC EMPLOYEES RELATIONS BOARD, et al
Case Number:
SCT-CIV-2023-0010
Date:
12/27/2024
Author:
Willocks, Harold W.L.
Citation:
2024 VI 37
Summary:
Considering an employee’s appeal from a January 27, 2023 Superior Court order affirming a November 23, 2004 decision and order of the Public Employees Relations Board (hereinafter “PERB”) dismissing with prejudice the employee’s appeal of her suspension by the Virgin Islands Police Department (hereinafter “VIPD”) pursuant to the 2004 version of title 3, § 530(a) of the Virgin Islands Code for lack of jurisdiction, the Superior Court erred when it interpreted § 530(a) as being applicable only to the regular employees of “the Government Development Bank, the Virgin Islands Water and Power Authority the Virgin Islands Port Authority, [and] a hospital under the jurisdiction of the Virgin Islands Hospitals and Health Facilities Corporation,” and thus committed reversible error when it affirmed the November 23, 2004 PERB decision and order pursuant to § 530(a) for lack of jurisdiction. Deeming the VIPD’s objection to the employee’s seeking relief under § 530(a) in the suspension matter waived, and rejecting the VIPD’s judicial estoppel arguments, the January 27, 2023 order is reversed and the matter is remanded to the Superior Court for further proceedings.
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