Wrongful Termination Cases

Pursuant to its statutory responsibility under R.C. 2506.04, the common pleas court considered the entire record and evaluated all evidence as to witness credibility, the probative character of the evidence, and the weight to be afforded the evidence, and gave due deference to civil service commission's resolution of evidentiary conflicts in determining that commission's decision to terminate school district employee's emloyment was supported by the preponderance of reliable, probative, and substantial evidence. Employing the very limited and deferential standard of review afforded a court of appeals pursuant to RC. 2506.04, we cannot find that the common pleas court abused its discretion in so finding.

Summary judgment employer intentional tort R.C. 2745.01 negligence negligence per se.

The trial court did not err by granting appellee's motion for judgment on the pleadings. Appellant's complaint did not establish the elements necessary to support his claim for wrongful discharge in violation of public policy. Judgment affirmed. (Tucker, P.J., concurring.)

Appellant, a public employer, appeals from the trial court's denial of an application to vacate an arbitration award that sustained a grievance regarding a union member's employment termination. The arbitrator's interpretation of the relevant provision of the collective bargaining agreement was necessary to determine whether the termination was for just cause. Thus, the arbitrator did not exceed her authority by engaging in the contractual interpretation. Further, the arbitrator's factual conclusions were not a basis upon which the award could be vacated. Finally, the arbitration decision did not violate public policy. Judgment affirmed.

employer – employee – discipline – termination – Human Resource Commission – substantial, reliable, and probative evidence – hearing officer – missing page – presume regularity