§ 40.1-57 — Appeal by employee from declaration of ineligibility

Virginia § 40.1-57

• Jurisdiction: Virginia
• Title 40.1: LABOR AND EMPLOYMENT
• Ch. 4: LABOR UNIONS, STRIKES, ETC
• Art. 2: STRIKES BY GOVERNMENT EMPLOYEES

Text

In the event that any such employee feels aggrieved by such declaration of ineligibility he may within ninety days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

Legislative History

Code 1950, § 40-67; 1970, c. 321.