Nullity of the disciplinary sanction decision

DEZBATERI

Abstract

The nullity of disciplinary sanction decision must not be considered of purely theoretical importance, but should be thoroughly analysed through its implications on the right to work and on the main source of income of the employee. The excessive formalism is often criticized, but when regarding the disciplinary sanction decision, it efficiently prevents the potential abuse of the employer upon the employee. Thus the present study aims to a proper understanding and implementation of „formalities” during the prior disciplinary procedure and in the process of issuing a disciplinary sanction decision.

Keywords: nullity, procedural injury, prior disciplinary procedure, disciplinary sanction.