Harding v. North Carolina Department of Correction

PARKER, Justice.

The issues presented by these two cases are whether the superior court erred (i) in determining the amount of back pay due petitioner and in ordering respondent to make payment thereof and (ii) in issuing a show cause order for contempt proceedings upon respondent’s failure to comply with the order. We conclude the court lacked jurisdiction to enter the order purporting to enforce the prior award of back pay and that the order could not be the basis for contempt.

Since the underlying facts are set out in Harding v. N.C. Dept. of Correction, 106 N.C. App. 350, 416 S.E.2d 587…