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... ↗

Full Text

1,910 chars

With respect to the component of the referee’s decision that ordered the plaintiffs to revise Saeedi’s September, 2008 performance appraisal to reflect a score of “four” in the area of judgment, and an overall score of “excellent,” we conclude that this remedy is authorized by the text of § 4-61dd that provides for “reinstatement to the employee’s former position . . . .” General Statutes (Rev. to 2007) § 4-61dd (b) (3) (A). The referee, in order meaningfully to implement the remedy of reinstating Saeedi to his former position, properly could order that the performance appraisal be revised to eliminate the retaliatory animus. Not only did this effectuate the purpose of the statute, but it was the only way fully to return Saeedi to his former position. Before the plaintiffs retaliated against Saeedi, he held the position of a physician with a history of sterling performance appraisals and no disciplinary record whatsoever. After the plaintiffs’ retaliation, Saeedi had a substantial record of discipline and an unsatisfactory performance appraisal, which put him in peril of being dismissed if he were to receive an additional unsatisfactory appraisal. Reinstating Saeedi to the untarnished position he held prior to the retaliation, as plainly authorized by § 4-61dd, required that the referee order a revision of Saeedi’s performance appraisal. We, therefore, conclude that the trial court did not err in finding that the *864referee properly ordered a revision of Saeedi’s performance appraisal to reflect specific scores.18 While we conclude that the trial court correctly found that the referee was acting within the scope of the authority conferred on him by § 4-6 ldd, we do not opine on whether the referee reasonably and logically could have concluded, based on the evidence before him, that the particular score he ordered was appropriate, as this question was not raised by the parties.

Other Sections in This Document (64)

Full Text