Credit: Devon Yu/Adobe Stock New Jersey Supreme Court Considers Arbitrator's Authority to Demote School Administrator
"It was appealed, and the Appellate Division overturned the arbitration award, essentially saying that the arbitrator exceeded his authority by demoting Ms. Sanjuan," Lester E. Taylor III, a partner with the Taylor Law Group, said. "It was also very troubling because on remand, the Appellate Division limited the arbitrator's power, role and responsibility pursuant to statute in reconsidering the penalty."
November 30, 2023 at 05:03 PM
5 minute read
The New Jersey Supreme Court heard oral arguments in an appeal brought by an assistant high school principal which called into question the authority of an arbitrator to demote an employee under the Tenure Employees Hearing Law.
The case stems from an incident at Memorial High School in West New York in which Assistant Principal Amada Sanjuan fell down a stairway on Feb. 12, 2020. The next day, Sanjuan told the school district's benefits coordinator that she saw a piece of paper on the steps, then slipped and lost her balance, hitting her head on the concrete floor. But a surveillance video of the stairwell showed Sanjuan falling down the steps, then taking a piece of paper out of her purse, walking halfway up the stairs and placing the piece of paper on a step, according to the Appellate Division opinion in the case.
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