Disciplinary sanction applied to the teacher. Analysis of the decision to impose the sanction in the appeal against the decision of the Disciplinary Board by the court

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

The two acts, namely the Decision imposing the disciplinary sanction of termination of the individual employment contract and the Decision of the Disciplinary Board of the County School Inspectorate annulling that decision and ordering the reinstatement of the appellant in her previous post, must be analysed together, since, in a natural logic, the reasons for the unlawfulness of the decision imposing the penalty constitute grounds for the admissibility of the appeal and the merits of the decision annulling the penalty and, conversely, the legality and merits of the decision imposing the penalty constitute grounds for the rejection of the appeal against the penalty before the Disciplinary Board and the annulment of the decision issued in that procedure. It was precisely this aspect that was taken into account by the court on the merits, even if it did not argue in detail the intrinsic link between the two acts issued in the course of the application of the disciplinary sanction and its verification in the procedure prior to referral to the court.