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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal ... as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
30 May 2018, 4:37 am by Public Employment Law Press
Citing Matter of Gumbs v Board of Educ. of the City Sch. [read post]
24 May 2018, 11:36 am
Contents include:Articles Felix Lange, The dream of a völkisch colonial empire: international law and colonial law during the National Socialist era Jessie Hohmann, The Treaty 8 typewriter: tracing the roles of material things in imagining, realising, and resisting colonial worlds Richard Joyce, Anarchist international law(yers)? [read post]
27 Apr 2018, 3:52 am by Andrew Lavoott Bluestone
Under these circumstances, Ikhilov has stated a cause of action against the Lyubarskys to recover damages for contribution (see Schauer v Joyce, 54 NY2d at 5). [read post]
13 Apr 2018, 4:11 am by Edith Roberts
At the Associated Press, Joyce Rosenberg reports that the court’s decision in South Dakota v. [read post]
9 Mar 2018, 9:10 pm by Erin Dunnavant
Back on November 7 of last year (2017), I wrote about an important opinion in the world of property insurance litigation, Joyce v. [read post]
18 Feb 2018, 4:11 pm by INFORRM
  Media Law in Other Jurisdictions Australia The Australian media has been dominated by story about Barnaby Joyce and his affair. [read post]
27 Dec 2017, 11:19 am by Wolfgang Demino
ONE MONTH INTO THE FIGHT OVER HEART AND SOUL NOT TO MENTION CONTROL OF THE CONSUMER FINANCIAL PROTECTION BUREAUDocket entry for 12/22 injunction hearing says "oral arguments heard. [read post]
27 Dec 2017, 11:19 am by Wolfgang Demino
ONE MONTH INTO THE FIGHT OVER HEART AND SOUL NOT TO MENTION CONTROL OF THE CONSUMER FINANCIAL PROTECTION BUREAU Docket entry for 12/22 injunction hearing says "oral arguments heard. [read post]
14 Dec 2017, 6:35 am by Dan Carvajal
The Supreme Court’s 1992 Quill Corp. v. [read post]
16 Nov 2017, 10:10 am by Vanessa Sauter
Sarah Grant provided an update on the United States v. al-Nashiri proceedings. [read post]