Javelosa's motion to dismiss denied - KUAM.com-KUAM News: On Air. Online. On Demand.

Javelosa's motion to dismiss denied

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by Sabrina Salas Matanane

Guam - At the Civil Service Commission last night, former Port Authority of Guam program coordinator Josette Javelosa lost her motion to have her adverse action voided and dismissed. She was terminated along with several other port employees. Their firings stem from actions taken following an alleged workplace injury that occurred back in 2011 involving Bernadette Stern Meno.  Javelosa is accused of knowing that Meno, who was her direct supervisor, had been allegedly abusing leave.  Javelosa's attorney John Terlaje argued that management failed to meet a February 20th deadline to submit discovery as ordered by the commission and therefore the adverse action should be dismissed. Management, represented by attorney Jonathan Bell, however argued they were never served that order and when they finally received one on February 26th they submitted the documents to Terlaje within a total of ten days well within the 14 days that's normally given.

The vote last night was not unanimous with commissioner Edith Pangelinan voting against management.

Pangelinan said, "I cannot understand why management would not have received the document when there's so many of them in the office somebody is sabotaging maybe somebody down there, but that's for management to correct that. I mean I think in all this turmoil that's happening down there. Who do we trust? Maybe there's somebody that's backstabbing somebody."

Acting chairperson Manny Pinauan said, "We don't really have documentation that management received it, we may think that they did, but you know we don't have any documentation that they did."

The vote to deny Javelosa's motion was 4-1. After the vote her attorney requested that the Commission when it issues its written order specify its notification procedures.

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