Dispute on imposition of a disciplinary penalty on administrative personnel of higher educational establishment derives from labour law and is not subject to review under administrative procedure
29 November, 2017
In the sitting the chairs of the departments of the Supreme Court, when considering the question submitted by the District Administrative Court judge regarding the jurisdiction of the dispute related to employment relationship, concluded that such a dispute shall not be reviewed under administrative procedure.
In the case of reprimand issued by the rector of the university to the head of the department of the university, the person punished with disciplinary penalty has submitted an application to the city court. The court initiated a civil case for the invalidation of the rector's order and the cancellation of the reprimand.
The Applicant also turned to the Academic Arbitration Court of the university regarding the rector’s decision, which closed the case, as it was found that the issue of the disciplinary penalty applied to the Applicant is already being examined in the court of general jurisdiction. Disagreeing with this decision, the Applicant turned to the District Administrative Court regarding the decision of the Academic Arbitration Court, and the court initiated proceedings for the annulment of this decision.
A District Administrative Court judge appealed to the Chief Justice of the Supreme Court with a claim for establishing jurisdiction of this case.
The chairs of the departments of the Supreme Court during the sitting recognized that not all decisions made related to personnel of the university can be regarded as an administrative act which should be considered under administrative procedure.
The Applicant performs the duties of an associate professor and the head of the department at the university on the basis of a contract of employment and these legal relations are also discussed in practice in the framework of the legal regulation of employment relationship. The disciplinary penalty has also been enforced on the Applicant as an employee on the basis of legal provisions governing employment relationship.
Labor disputes are not a matter reviewed under administrative procedure.
The incorrect mention in the decision of the Academic Arbitration Court on the appeal of the rector's decision before the Administrative Court is not of decisive importance because the content of the case does not correspond to the jurisdiction of the administrative court.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: firstname.lastname@example.org, telephone: +371 67020396, +371 28652211