19. Disciplinary dismissal decision. The formal issues prescribed by law under penalty of nullity Cover Image
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19. Decizie de concediere disciplinară. Condiții de formă prevăzute de lege sub sancțiunea nulității
19. Disciplinary dismissal decision. The formal issues prescribed by law under penalty of nullity

Author(s): Daniela Elena Opriș
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: disciplinary sanction; employer’s reasoning; employee defenses; procedural validity; misconduct assessment;

Summary/Abstract: The existence of any additional defenses, in relation to which the employer would not have exposed, in the decision of the application of disciplinary sanction, the reasons for which they were removed, cannot lead to a sanction of absolute nullity of the decision so issued, whereas, from the formal point of view, the contested decision meets the requirement of the law on the entry of the reasons for which the employer has removed the employee’s defenses during the prior disciplinary investigation, in conjunction with the act that, concretely, was upheld to represent misconduct.

  • Issue Year: 2014
  • Issue No: 01
  • Page Range: 107-112
  • Page Count: 6
  • Language: Romanian
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