Rogers v. Georgia Ports Authority
| Decision Date | 01 June 1987 |
| Docket Number | No. 74489,74489 |
| Citation | 183 Ga.App. 325,358 S.E.2d 855 |
| Parties | ROGERS v. GEORGIA PORTS AUTHORITY. |
| Court | Georgia Court of Appeals |
W. Douglas Adams, Brunswick, for appellant.
Michael J. Bowers, Atty. Gen., Marion O. Gordon, First Asst. Atty. Gen., J. Robert Coleman, Daniel M. Formby, Sr. Asst. Attys. Gen., G. Paris Sykes, Patricia G. Griffith, Atlanta, for appellee.
Summary Judgment--Employee Benefits. Rogers was employed by The Georgia Ports Authority in 1975 as a checker. In March 1976, he was given an employee benefits manual published by the Authority. When the manual was distributed, all employees in Rogers' section were briefed on the contents of the manual. Rogers conceded he was aware of the contents of the manual and had read it and discussed various provisions of the manual over the years. The manual provided that in the event of a work-related injury, the Authority would pay the difference between the actual pay to which the employee was entitled and the amount of workers' compensation received during the period of disability up to a maximum of 13 weeks plus time equal to accrued-but-unused annual and sick leave. The manual also provided that a permanent employee would be terminated only under certain specified conditions.
On February 11, 1981, Rogers sustained a disabling injury to his back. Apparently Rogers continued to work but in a restricted manner. On or about March 31, Rogers was ordered to handle the movement of 100-pound bags of peanuts. His supervisor deposed that a doctor's certificate was available indicating that Rogers could handle loads up to 200 pounds. Nevertheless, Rogers declined to move the bags averring that he was physically unable to perform such rigorous work. The supervisor deposed that he considered Rogers was refusing to do the work even though he was capable, in spite of Rogers' contention that the work was too strenuous. Nevertheless, the reason given for Rogers' termination was that Rogers was unable to perform the duties of a laborer, a job to which he had been classified several years earlier. There is uncontested deposition testimony by the supervisor that, at the time of his discharge, Rogers was advised or reminded of the manual provisions for utilizing the established grievance procedure if Rogers believed the termination was unfair or improper. Rogers did not avail himself of the established privilege.
After his termination Rogers sought legal advice and concluded that he (Rogers) was a "permanent" employee who had not been discharged in accordance with the terms of the employee manual. Therefore, he sought reinstatement, as well as the payment of supplemental salary payments until his reinstatement. The Authority interpreted the employee manual as not contemplating payments after an employee had been terminated. The Authority therefore declined to reinstate Rogers or pay him any supplemental salary. Rogers filed a complaint against the Authority seeking reinstatement as a checker, all intervening supplemental salary payments, and attorney fees and costs of litigation. The trial court granted partial summary judgment to Rogers holding that the employees' manual was tantamount to a contract and the contract provided for supplemental payments for the 13 weeks plus accrued sick and annual leave in the amount of $4,995.60. The court also ordered Rogers' reinstatement as an employee because the contract provided for termination for certain specific reasons, none of which Rogers fit. The court reserved for subsequent trial the issue of attorney fees and costs of litigation based upon bad faith or unnecessary trouble and expense.
The Authority brought an appeal to this court on all issues. This court concluded that in the absence of a definite period of employment, the employee manual did not bestow upon Rogers the status of a permanent, lifetime employee. Thus the employment was terminable at will. This court concluded that Rogers had been discharged lawfully and the trial court had erred in ordering Rogers' reinstatement and ordering payments of all benefits accruing between the time of the discharge and the court ordered reinstatement. However, this court in its opinion also concluded that the provisions of the employee manual contained plain, unambiguous language capable of only one reasonable construction as to the payment of supplemental benefits for the 13-week period plus accrued-but-unused leave time. Thus this court reversed the grant of partial summary judgment to Rogers as to the illegality of discharge, as to future employability, and in substance directed the grant of summary judgment as to those issues in favor of the Authority. We affirmed the grant of summary judgment to Rogers as to the payment of benefits in the amount of $4,995.60. Still pending was the issue of attorney fees and litigation costs. See Georgia Ports Auth. v. Rogers, 173 Ga.App. 538, 327 S.E.2d 511.
Upon remand, Rogers twice amended his complaint to seek punitive damages in the amount of $1,000,000 and mental pain and suffering in the amount of $25,000. Lastly he contended that the reason advanced for his termination contained false and slanderous reasons, i.e., that he was malingering rather than disabled. Rogers maintained he was entitled to a hearing to clear his name. The Authority moved for summary judgment as to all remaining issues which was granted by the trial court. Rogers brings this appeal enumerating six asserted errors. Held:
1. In enumeration 4, Rogers contends he was entitled to reinstatement and back pay because under the contract of employment he had a legitimate expectation of future employment, he was discharged without a hearing and thus without due process of law.
We will not for a second time consider an issue that was finally decided between these same two parties. In our first opinion in this case, eo nomine, 173 Ga.App. 538, 327 S.E.2d 511, we held as a matter of law that Rogers' discharge was lawful and the trial court erred in ordering his reinstatement. There being no right to future employment following the lawful discharge under the contract, it follows there likewise could be no entitlement to reinstatement pay. A judgment of a court of competent jurisdiction is conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered, until such judgment shall be reversed or set aside. Delta Air Lines v. Woods, 137 Ga.App. 693, 695, 224 S.E.2d 763. There is...
To continue reading
Request your trial
-
Gaglidari v. Denny's Restaurants, Inc.
... ... to lost wages and expenses incurred in finding new employment); Rogers v. Georgia Ports Auth., 183 Ga.App. 325, 329, 358 S.E.2d 855 (1987) ... rely on Restatement of Contracts § 341 (1932) for their primary authority. However, as shown above, Restatement of Contracts § 341 does not ... ...
-
Chambley v. Apple Restaurants, Inc.
...on prayer for mental distress damages), rev'd on other grounds, 261 Ga. 498, 405 S.E.2d 865 ( 1991); Rogers v. Ga. Ports Auth., 183 Ga.App. 325, 329(3), 358 S.E.2d 855 (1987) (damages for mental pain and suffering "are not compensable in an ex contractu action in the absence of fraud"); see......
-
CANNON AIR TRANSPORT v. Stevens Aviation
...313 S.E.2d 730 (1984); accord Gardner v. Kinney, 230 Ga.App. 771, 772, 498 S.E.2d 312 (1998). 26. Cf. Rogers v. Ga. Ports Auth., 183 Ga.App. 325, 329(3), 358 S.E.2d 855 (1987). 27. (Citation omitted.) Fiat Auto U.S.A. v. Hollums, 185 Ga.App. 113, 116(5), 363 S.E.2d 312 (1987); accord Southe......
-
Brewer v. Schacht
...Brewer may have suffered, he cannot maintain this claim. Dowling, supra at 219, 466 S.E.2d 588; see also Rogers v. Ga. Ports Auth., 183 Ga.App. 325, 328(2), 358 S.E.2d 855 (1987). 3. Brewer also contends that he may maintain a claim for deprivation of a state constitutional liberty interest......