A man who was terminated for gambling on the New Orleans' Sewerage and Water Board property after 21 years of employment, successfully appealed his dismissal to the Court of Appeal, 4th Circuit in Louisiana.
On Aug. 1, Judge Dale Atkins reversed and remanded prior court decisions from the City Civil Service Commission of New Orleans in favor of Carnell Collier's wrongful termination. Collier had appealed the case on Oct. 27, 2017.
Collier was employed at the New Orleans Sewerage and Water Board as a quality assurance and safety inspector. He was in a supervisor position. Collier was caught gambling at a co-workers' retirement party on company property on Sept. 6, 2015. On Feb. 4, 2016 the Sewerage and Water Board started a pre-term hearing for Collier's gambling incident and Collier was terminated on Feb. 24, 2016 for his gambling infraction.
The Sewerage and Water Board fired Collier for committing acts to prejudice the Sewage and Water Board under the Civil Service Rule IX, Section 1.
Collier's employers believed that in his supervisory position he should set the bar for other employees in terms of conduct. They believed the termination was justified because he engaged in acts of misconduct, inefficient operations and illegal acts on property as well.
Collier filed for dismissal of the suit with the City of Civil Service in March 2016. He acknowledged the gambling misconduct but did not think termination was a fair punishment. When Collier's appeal was denied by the City of Civil Service, he then appealed to the 4th Circuit in October 2017.
Atkins ruled in Collier's favor because the Sewerage and Water Board failed to prove that Collier's misconduct decreased the efficiency of his employers. Atkins did not believe that Collier's actions warranted termination and she repealed the former court decision.
Collier had only two infractions on record during his 21-year tenure with the New Orleans Sewerage and Water Board, one of which occurred when he was off duty.