Lehr v. Department of Labor of South Dakota

WUEST, Justice.

Grievant/appellant, Marilyn Lehr (Lehr), appeals from a circuit court judgment dismissing her appeal from the South Dakota Career Service Commission’s (Commission) decision upholding the South Dakota Department of Labor’s (Department) action to demote Lehr from Statistical Assistant to Staff Assistant II. We reverse and remand for a decision on the merits.

Lehr worked in the Research and Statistics (R & S) section of Department in Aberdeen, South Dakota, from June 1959 until July 1983. In April 1976 she was promoted to Statistical Assistant. Shortly before April 1, 1983, her…