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This case presents two issues of first impression under OCGA § 45-1-4, the Georgia Whistle Blower Statute the “Act”: i whether the Act may require a public employer to pay monetary damages, and ii under what circumstances the Act requires a public employer to rehire an employee. Joseph M. Hughes sued the Georgia Department of Corrections seeking relief under the Act. Hughes was formerly employed by the Department as the pharmacy director for the Autry State Prison. According to the complaint, Hughes disclosed information to the Department and the Georgia Board of Pharmacy concerning waste and abuse in the practice and provision of pharmacy services at the prison. Hughes claimed that the Department suspended and then terminated his employment in reprisal for making the disclosures.

In response to the Department’s initial motion to dismiss and motion for summary judgment, the trial court ruled that the exclusive remedy available to Hughes under the Act was to have the reprisals “set aside,” but that material issues of fact remained for a jury. In a subsequent order, the trial court clarified that no monetary damages were available to Hughes under the Act. The Department again moved to dismiss, and the trial court granted the motion because the position previously held by Hughes no longer existed; no effective relief was available to Hughes under the Act; and the case was therefore moot. Hughes appeals the trial court’s orders finding that no monetary relief was available to him under the Act and dismissing his case. We affirm in part and reverse in part.

 
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