Public Service - a Dismissal That Needs a Specific Ground and a Procedure That Was Followed
A civil servant is protected not by the Labour Code but by the Law on Public Service - and that protection is stronger: the grounds for dismissal are exhaustive, a reorganisation must be real, a disciplinary sanction requires a hearing and proportionality, and the consequence of an unlawful dismissal is reinstatement with full back pay. At the same time, contract employees work alongside civil servants in public institutions under different rules - and confusing the two statuses is a typical reason for losing a dispute.
This page describes public service disputes as they actually unfold: how "reorganisation" and "staff reduction" are tested, which stages disciplinary proceedings pass through and where they break down, how a competition is challenged, what happens at the end of a probation period and how back pay is calculated on reinstatement. Private-sector dismissal is on the labour law page; fines and licences have their own pages in administrative law.
Updated · Practice area: Administrative law lawyer
Five Typical Public Service Disputes
The law sets a separate procedure for each dispute, and the institution's mistakes are usually in that procedure.
Challenging an Unlawful Dismissal From Public Service - the Stages
Identifying the status and the ground
The first question: are you a civil servant or a contract employee - the status changes the route of appeal, the deadline and the scope of protection. The second: which ground the order cites and whether it matches the exhaustive statutory list. An order with no ground or a "general" ground is already challengeable.
Requesting documents from the institution
The reorganisation order and the new staff list, the old and new regulations, the list of vacancies on the day of dismissal, appraisal forms, the disciplinary file, competition minutes - under the public information procedure and the right to inspect the file. With these documents the lawyer proves that the "abolished" position exists under a new name.
The complaint and the deadline
A dismissal order is an individual act and is challenged within one month - before the superior official where one exists, or directly in court; for contract employees the Labour Code deadline and procedure apply. The lawyer chooses the route by status, because a mistake makes the claim inadmissible.
Framing the claim
Reinstatement to the position (or an equivalent one if the position genuinely no longer exists), back pay from dismissal to reinstatement, annulment of the order and its consequences (the entry in the personnel file, the disciplinary sanction). The lawyer also pleads an alternative claim - compensation where reinstatement is impossible.
Court and the burden of proof
In administrative proceedings the institution proves the lawfulness of the dismissal, not the civil servant; the court itself examines whether the reorganisation was real and the procedure followed. The lawyer's work: comparing staff lists, witnesses (colleagues who continued the same work in the "new" position), defects in the appraisal and disciplinary files.
Enforcement and back pay
A reinstatement judgment is enforced immediately; delay by the institution (the position "no longer exists", the salary "is not in the budget") is challenged separately and passed to the National Bureau of Enforcement. Back pay is calculated at full salary from the day of dismissal to actual reinstatement, including allowances and bonuses where they were regular.
Reorganisation - When It Is Real, When It Is "Fictitious" and How That Is Proven
Reorganisation is the most common ground for dismissal in public service, and the law attaches conditions to it: the structural change must be real (functions abolished, merged or transferred to another institution), a civil servant whose position is abolished must be offered an equivalent vacant position under the mobility rule, and only where none exists or the offer is refused does dismissal with compensation follow. A fictitious reorganisation - where the position changes its name, the functions stay the same and someone else is appointed to it - is the firmest basis for reinstatement in court practice.
Proof is documentary: a comparison of the old and new staff lists and regulations (how many positions were abolished and how many added, with which functions), the job description of the "new" position against the old one, who was appointed to it and when (often a few weeks before the reorganisation), and the list of vacancies on the day of dismissal that were not offered to the civil servant. All of this is public information, and the lawyer obtains it before the complaint, not in court.
Dismissal on the basis of appraisal has its own procedure: the appraisal system, criteria and objectives must be set at the start of the year and known to the civil servant, the appraisal must be in writing and reasoned, and the result must be open to internal challenge. The ground for dismissal is two consecutive unsatisfactory appraisals - and if the first was not challenged, disputing the second is harder. That is why the lawyer advises challenging the very first negative appraisal, even when "nothing is happening yet".
What a Public Service Dispute Rests On
- Civil servant and contract employee
- A civil servant holds an established position filled by competition, with the full protection of the Law on Public Service; a contract employee performs a support or non-permanent function under Labour Code rules. The status determines the route of appeal, the deadline and the guarantees.
- Exhaustive grounds for dismissal
- Own request, reorganisation and staff reduction, two negative appraisals, disciplinary misconduct, the outcome of probation, a criminal conviction, age and other grounds expressly set by law - the list is closed, and the order must cite one of them specifically.
- Sequence of disciplinary sanctions
- Warning, reprimand, salary deduction, dismissal - the sanction must match the gravity of the misconduct, and dismissal for a first offence is permitted only for gross misconduct. The sanction must be imposed within the statutory period from the opening of proceedings, otherwise it is time-barred.
- One month to challenge
- An order of dismissal, sanction, demotion or a competition result is an individual act challenged within one month; an appraisal result is challenged internally within a shorter period. The date of service of the order decides everything.
- Back pay and compensation
- On reinstatement - full salary from dismissal to reinstatement; on a lawful dismissal by reorganisation - statutory compensation (several months of salary) and priority for a vacancy matching your qualifications. Both are calculated on documents.
- Whistleblower protection
- A civil servant who has reported wrongdoing in the institution enjoys special protection against dismissal and disciplinary action; a "reorganisation" or proceedings opened after the report shift the burden of proof onto the institution.
What to Bring to a Public Service Dispute Consultation
- The appointment order or contract, the job description and the rank of the position - to establish status and functions.
- The dismissal, sanction or demotion order in full with the date of service; the notice of reorganisation, if there was one.
- The reorganisation order, the old and new staff lists and regulations - if you already have them; if not, the lawyer requests them.
- Appraisal forms and results for the last two years, with your remarks and internal challenge materials.
- In a disciplinary case: the order opening proceedings, your explanation, the hearing minutes, the commission's conclusion.
- In a competition case: the announcement, the criteria, your scoring sheet, the commission minutes and the winner's details - requested as public information.
Three Public Service Cases
A reorganisation in which the position changed its name
A chief specialist in a ministry department was dismissed by reorganisation - "the position was abolished". The lawyer requested the new staff list and regulations: the department had been renamed a "division", the functions remained word for word the same, and an employee hired two weeks before the dismissal was appointed to the "new" position without a competition. The court found the reorganisation fictitious, reinstated the civil servant and awarded 11 months of back pay.
Disciplinary dismissal for a first offence
A municipal civil servant was dismissed on disciplinary grounds for one late assignment, without a request for an explanation or a hearing. The lawyer: the procedure was breached, the misconduct was not gross, the sanction was disproportionate - a first offence warrants a warning or a reprimand. The superior official annulled the order and replaced the sanction with a reprimand; the civil servant kept their job.
A competition whose winner did not meet the requirements
A candidate who came second in a competition challenged the result. The lawyer requested the competition file as public information: the winner lacked the work experience required by the announcement, and one member of the commission had been the winner's direct supervisor at a previous job. The competition result was declared void and a new competition was scheduled with a new commission.
Questions About Public Service Disputes
During the reorganisation I was not offered an equivalent position, although vacancies existed. Is that a breach?
Yes, one of the most common: the law obliges the institution to offer a civil servant facing dismissal an equivalent vacant position under the mobility rule, and to dismiss only where none exists or the offer is refused. The list of vacancies on the day of dismissal is public information - the lawyer requests it and makes it the central argument of the complaint.
At the end of probation I was told I "did not pass", with no interim assessment. Is that lawful?
The outcome of probation is determined under the appraisal rules, which require an interim assessment, criteria and a reasoned notification of the result to the civil servant; "did not pass" in one phrase, without appraisal documents, makes the order challengeable. The lawyer requests the appraisal forms, and their absence is itself an argument.
I work in a ministry under an employment contract. Does the Law on Public Service protect me too?
Partly: a contract employee is mainly covered by the Labour Code - the grounds for dismissal, the notice period and compensation come from there - and the dispute goes through civil rather than administrative procedure. But if your function is in reality an established civil service function and the contract has been renewed for years, reclassification of status can be claimed. The lawyer checks this first.
I was dismissed and want reinstatement, but I do not wish to return to this institution. Is there an alternative?
A claim for reinstatement is the main route to a finding of unlawfulness and back pay, but leaving on your own request after reinstatement is your right; a settlement with the institution on compensation and on rewording the order (a "mutual agreement" entry in the personnel file instead of a "disciplinary" one) is also possible. The lawyer considers these options before the claim, because the form of the claim determines the outcome.
I reported a breach to internal audit and a "reorganisation" started within a month. Can the link be proven?
Under whistleblower protection rules any adverse measure taken after a report - dismissal, discipline, demotion - is treated as suspect, and the institution must prove that there is no connection with the report. The chronology (date of the report, date of the measure), the report document and the selectivity of the reorganisation (only your position was abolished) - these three pieces of evidence make the case.
Lawyers for Public Service Disputes
A public service dispute is won with the institution's own documents - the staff list, the appraisal forms and the list of vacancies, all of which are public information. Give it 15 minutes and the coordinator is in touch to select a lawyer who handles civil servant reinstatement cases and, often, has public service experience of their own.
No published lawyers in this category yet
That does not mean we cannot help. Call us - we will match you with a specialist for a remote consultation or from a nearby city.
Call: 568 330 318Reorganisation, a Negative Appraisal, Disciplinary Proceedings or a Lost Competition?
At a free consultation the lawyer reviews the order and tells you whether the ground is on the statutory list, which document to request from the institution and by which day the complaint must be filed. Expect the coordinator on the line 15 minutes after you send the form.