Annulment in part of the disciplinary decision concerning the date of termination of the individual employment contract. The nemo auditur propriam turpitudinem allegans principle. Prior disciplinary investigation of the whistleblower

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

In the context of the analysis of the legality of the decision imposing a disciplinary penalty, the court does not change the date from which the individual employment contract is terminated, but finds that the decision is void for a certain period during which that measure could not have been ordered because it contravened mandatory provisions. Consequently, the decision to terminate the individual employment contract will take effect from another date which the court will have to indicate in the operative part of the judgment in order to make it enforceable.

In the context of the analysis of the merits of the disciplinary sanction decision, the court, in re-individualizing the sanction, will have to refer to the criteria indicated in Article 250 of the Labour Code, even if these provisions are enacted with regard to the employer.

The employee's criticisms of the defects in the disciplinary investigation and sanction procedure cannot be upheld if the employee has knowingly caused those defects, since this is contrary to both the principle of good faith in employment relationships and the general principle of law of nemo auditur propriam turpitudinem allegans.