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ATA/280/1998•Municipality’s dismissal confirmed; withheld wages ordered paid
ATA/280/1998Court of Justice / Administrative ChamberMay 19, 1998Partially Granted
Extracted by Omnilex
A municipal employee challenged his dismissal and claimed unpaid wages. The court held that his right to be heard and the notice period had been respected, and that the reasons for dismissal were not without relevance, so the termination was confirmed. However, the commune was not entitled to withhold salary amounts that were due; the monetary claim was therefore upheld with 5% interest.
LPAC art. 85; dismissal of a municipal employee—scope of judicial review; the termination is upheld when the right to be heard and the notice period have been respected and the stated grounds are not arbitrary or wholly irrelevant. Separate from the validity of dismissal, the employer may not retain salary amounts that are due unless a lawful set-off or retention ground exists; where no such basis is shown, the pecuniary claim must be admitted with statutory interest.
Descripteurs
COMMUNE; FONCTIONNAIRE ET EMPLOYE; RESILIATION; ACTION PECUNIAIRE; VG
Normes
LPAC.85
Résumé
Dès lors que le droit d'être entendu du recourant et le délai de résiliation ont été respectés et que les motifs de licenciement ne paraissent pas dénués de toute pertinence, ce dernier doit être confirmé. Les manquements du fonctionnaire n'autorisaient toutefois pas la commune à retenir des salaires qui étaient dus. L'action pécuniaire doit donc être admise avec intérêt à 5 %.
Extracted by Omnilex
Whether the commune’s dismissal of the municipal employee should be upheld
The dismissal is confirmed because the right to be heard and the termination notice period were respected and the dismissal grounds were not devoid of relevance.
Procedural guarantees were observed, the notice period was complied with, and the stated reasons for termination were sufficiently pertinent to justify dismissal.
Whether the commune could withhold salary amounts that were due
The commune had no basis to retain wages that were owed, so the monetary claim is admitted with 5% interest.
The employee’s misconduct did not authorize the commune to offset or retain salary payments already due.
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