Monday, April 04, 2011

Employee penalized 15 days of vacation leave for failing to comply with his supervisor's lawful order

Employee penalized 15 days of vacation leave for failing to comply with his supervisor's lawful order
Binford v Safir, App. Div., 270 AD2d 129

His failure to comply with a lawful order by his superior cost New York City police officer Warren Binford 15 days of his accumulated vacation credits.

Although Binford attempted to have the courts overturn the disciplinary action taken against him, the Appellate Division dismissed his appeal, noting that the record contained substantial evidence that Binford did not obey [a] superior officer’s order to leave the radio room when directed to do so.

The substantial evidence: testimony by Binford’s superior officer.

The court noted that evidence presented during the disciplinary hearing raised a question that was essentially one of credibility. It, however, said that the Commissioner’s crediting the superior officer’s testimony over that given by Binford was a proper exercise of the Commissioner’s discretion.

Holding that the penalty imposed “does not shock to our sense of fairness,” -- the standard established by the Court of Appeal in Pell v Board of Education, 34 NY2d, 222 -- the court dismissed Binford’s petition.


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