A civil servant sleeping within the port of Antwerp efficiently challenged his dismissal

The delivery steerage division of the Flemish Company for Maritime and Coastal Companies has an necessary activity. From the facility stations in Zandvliet and Zeebrugge, it screens all delivery site visitors across the clock in and across the ports of Antwerp and Zeebrugge.

That requires cautious eyes. That there’s a site visitors controller site visitorsThe Zandvliet energy station is once more caught sleeping behind his monitor in 2018, that individual will obtain a destructive work analysis. He additionally fell asleep a number of instances throughout working hours in 2019 and 2021. As a disciplinary measure, a fifth of his wage will probably be withheld for 2 months on the finish of 2021.

No commitments are required to work as a mannequin employee. In August 2021, the civil servant was caught vaping at his desk, and that very same month he claimed to have left his office with out organizing a transfer. The person himself disputes the latter.

Sufficient members

After a second destructive evaluation, the Group’s Chief Administrator determined to dismiss the site visitors controller on the finish of Could 2022. A month later, the person contested that dismissal on the Council of State.

He agreed with it throughout the board, primarily based on procedural rules. His second destructive evaluation was confirmed by a gathering of the board of administrators which didn’t have a quorum on the time: solely three of the six members had been current. So the consolidation was not executed in response to the foundations. The Council due to this fact guidelines that the dismissal can be not legally legitimate State van.

The Flemish labor statute stipulates {that a} statutory civil servant can solely be dismissed after two destructive evaluations inside a interval of ten years. However a cross is now drawn due to the second destructive evaluation made by the person.

So the Council of State overruled the dismissal of a dormant civil servant. He accepted a prognosis final month. The Flemish authorities was ordered to pay all authorized prices.