Section 4-61dd

Citation: Section 4-61dd
Parent Document: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-09
Original Source: https://www.courtlistener.com/opinion/7915192/commissioner-of-mental-health-a... ↗

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In their motion to dismiss filed with the referee on May 19, 2010, more than one and one-half years after Saeedi filed his complaint alleging retaliation for whistle-blowing, the plaintiffs set forth, for the first time, the argument that Saeedi’s union, having filed grievances on his behalf to challenge the plaintiffs’ adverse personnel actions, rendered the office of public hearings without jurisdiction to hear his claims because he had elected his exclusive remedy of pursuing his claims via the grievance process under the union’s collective bargaining agreement. The defendants objected to the motion, and the referee, after hearing argument, denied it, issuing a short order from the bench. The plaintiffs again raised this argument, rooted in the alleged lack of jurisdiction of the referee, to the trial court on appeal, and the court found that the referee did not err in determining that the filing of grievances did not deprive the referee of jurisdiction to hear Saeedi’s claims.

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