Civil Servant, Public Official and Disciplinary Cases
Acts concerning appointment, transfer, reassignment, assignment, suspension from duty, discipline, personnel and financial rights of civil servants and other public officials are assessed within the framework of the special legislation the personnel is subject to, the service class, institutional regulations and the Civil Servants Law No. 657.
Scope of work:
- Non-appointment to a public post and annulment of an appointment
- Appointment by transfer, reassignment, temporary assignment and refusal to let a person start duty
- Disciplinary investigation and the defense process
- Penalties of warning, reprimand, salary deduction, halting of grade advancement and dismissal
- Suspension from duty and precautionary acts
- Promotion, change of title and examination disputes
- Records, performance, success evaluation and promotion acts
- Additional payments, salary, travel allowance, retirement and other financial rights
- Adverse acts based on a security investigation and archive research
- Disputes involving contracted personnel, academic personnel, law enforcement and military personnel
- The effects of a disciplinary penalty on personnel rights and professional status
- Enforcement of a reinstatement decision and rights for past periods
- Appeal, cassation and individual application
In a disciplinary file, the clear notification of the charge, sufficient opportunity for a defense, the authority of the investigator and the board, time limits, evidence, reasons and the proportionality of the penalty to the act are examined. Although a criminal investigation and a disciplinary process are separate, evidence and results relating to the same event may affect each other.
Related detailed page: Public Personnel and Civil Servant Law
University, Academic Personnel and Student Disputes
Universities’ acts concerning examinations, registration, transfer, equivalence, discipline, diplomas, academic posts and appointments may be reviewed in terms of the authority of the board that made the decision and the relevant higher education legislation.
In this field:
- Academic announcements and post requirements
- Appointment and reappointment of teaching staff
- Academic promotion, juries and evaluation processes
- Objection to an examination result and an evaluation error
- Student disciplinary penalties
- Deregistration, failure to renew registration and severance of ties
- Horizontal and vertical transfer, adaptation and credit recognition
- Diplomas, graduation and the right to education
- Decisions of the Council of Higher Education and university boards
- Stay of execution and protection of the academic term
These matters are addressed.
Because of the education and academic calendar, the need for interim protection may be important. However, it is borne in mind that the court cannot take the place of the academic evaluation; it reviews lawfulness, procedure, objective criteria and manifest error of evaluation.
Defense, Reasons for the Act and File Records
A disciplinary charge and a criminal investigation are not the same process. The investigation report, the request for a defense and the reply, competence, reasons and proportionality are examined separately. The satisfaction of the conditions for an appointment or promotion does not in every case mean that the outcome is an acquired right.
Security investigation and archive research
The concreteness and currency of the information relied on for the adverse act, and its relation to the person and the post, are assessed on the basis of the accessible file documents. Time-limit tracking is carried out on the whole of the act that was served.
Education calendar and urgent protection
In registration, examination, diploma and post acts, application documents and the announcement and result records should be kept. The need for protection is made concrete in light of the academic calendar. It should not be forgotten that a special procedure may apply to central and common examinations.
Preparing for the Consultation
Prepare the full decision, the service record and the delivery documents of earlier applications. State any approaching time limit at first contact.