Statutory Interpretation – State Employment Relations

By: Derek Hawkins//June 10, 2021//

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WI Court of Appeals – District IV

Case Name: Andrew Dryja v. Wisconsin Employment Relations Commission, et al.,

Case No.: 2020AP427

Officials: Blanchard, Kloppenburg, and Graham, JJ.

Focus: Statutory Interpretation – State Employment Relations

The Wisconsin Employment Relations Commission and Department of Natural Resources appeal a circuit court order reversing a commission decision that upheld the department’s discharge of Andrew Dryja. The issues relate to whether under the statute applicable to discharge without progressive discipline, the commission correctly affirmed three grounds that the department claimed provided just cause for discharge. The circuit court concluded that none of the three purported grounds was valid. We conclude that the department proved one ground, but not the other two. We modify the circuit court order that reversed the commission and, with those modifications, affirm the court’s remand to the commission.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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