Question juridique clé
Whether the immediate dismissal of the municipal employee was justified by just cause based on manifestly insufficient professional qualifications and whether reassignment within the administration had to be offered.
Solution extraite
Yes. The employee's professional qualifications were objectively inadequate for the tasks assigned, which constituted just cause for immediate dismissal; the commune was not required to provide another position because trust had broken down and the post was high in the municipal hierarchy.
Motifs extraits
The court held that the notion of just cause under LPAC has an objective content and includes unsuitability for the tasks to be performed. In the circumstances, proportionality did not require offering alternative employment within the municipal administration.