349 S.E.2d 493 | Ga. Ct. App. | 1986
Summary Judgment — Tortious Interference with Contractual Rights. The facts of this case show Robert W. Douthit was an employee of the Atlanta Youth Development Center in the capacity as a
The two June adverse personnel actions were appealed and it was determined the 15-day loss of pay was not supportable and he was restored all pay. The recommended dismissal was found to be too harsh punishment for the asserted insubordination and Douthit was restored to his position. On the day of his return to the YDC, an adverse personnel rating was filed against him. Lastly, Douthit claimed that upon his return to work (now with a different agency) $500 allegedly due from back wages accruing during the suspension without pay (subsequently restored) and compensation for the time away from his work while the dismissal was being appealed had not been paid to him. Douthit brought a complaint alleging that these several acts are indicative of an intentional interference by five of his superiors with his contractual right to employment with DHR and the YDC. Douthit contends that while the five acts forming the basis of his complaint may have originally been connected to his contractual right to work without improper interference, the actual basis of his complaint is one ex delicto and properly within the cognizance of a court of law rather than in the administrative channels of an administrative appeal. This distinction has relevance because the trial court in its grant of summary judgment concluded that as to Count I dealing with the reprimand in 1978, the administrative right to appeal expired in 1980 and the action was not brought until May 1983. Likewise, the trial court concluded the next two counts dealing with the suspension and attempted dismissal had been appealed to the State Personnel Board and that board’s decisions had not been further appealed and became final. The court thus held that as to Counts II and III res judicata barred further litigation. As to Count IV, the court concluded that Douthit had not pursued his administrative appellate remedies pertaining to the biased personnel performance report and thus was barred from pursuing it before a court of law. The same reasoning was adopted by the trial court as to the failure to repay the asserted $500 back pay. Douthit brings this appeal contending the trial court erred in granting the several defendants-appellees summary judgment on these allegedly improper grounds. Held:
We find no error in the grant of summary judgment in this case. A similar argument to the one advanced by Douthit was made in the case of Bailey v. Wilkes, 162 Ga. App. 410, 412-414 (291 SE2d 418).
Judgment affirmed.