Hearing Transcript

The grievant in this hearing is Elena Brown who is grieving the EPE of 2004, and her representative is Mr. Earnest Powell. The departmental representative is Calvin Dickens. The department rep’s attorney during the hearing was Ms. Tanja Hunter. Jacquie Brennan is obligated with conducting the hearing of Elena grievance’s to provide an unbiased and fair forum from which the Civil service Commission will be recommended to resolve the issue.

The documentary evidence that the grievant submitted that helped in her case was the EPE. The first mistake that the grievant’s representative made at the hearing was failing to prepare his client before the hearing. That is why Ms. Elena just jumped on to try and introduce herself even before being granted that opportunity.  Also, Mr. Powell’s question to Elena limited them to specify evidence only.

The hearing came to an adjournment with the examiner using Summary Judgment procedural device since there was not dispute as to the material facts of the hearing. The reason as to why hearings about employee performance evaluations are naturally difficult to win is because they are not reliable or trustworthy. Mostly it is likely that the employee will provide evidence that favors what they want which might be reflecting the actual working conditions.

Given the opportunity to be a representative I would have begun with familiarizing my client with how the hearing is conducted. This would have not only built rapport between the two of us, but it would have enhanced the grievant’s confidence when the day of hearing comes. The second thing I would have done is ask my client to be brief in introducing themselves so as to save tie for the real deal of the day. Lastly, unlike Powell, I would avoid asking questions that seem irrelevant to the subject matter.

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