Anthony v. Avallone, Grievant Below-Appellant, v. State of Delaware/department of Health and Social Services…

Summary

The Supreme Court of Delaware held that the Merit Employee Relations Board had broad remedial authority to modify discipline imposed by a state agency when the discipline resulted from a misapplication of the Merit Rules. The court also held that the Board did not improperly shift the burden of proof to the agency when it found dismissal disproportionate. The Superior Court's judgment was therefore reversed.