Decizie de concediere disciplinară. Condiţii de formă prevăzute de lege sub sancţiunea nulităţii

Disciplinary dismissal decision. The formal issues prescribed by law under penalty of nullity

Abstract

The existence of any additional defenses, in relation to which the employer would not have exposed, in the decision of the application of disciplinary sanction, the reasons for which they were removed, cannot lead to a sanction of absolute nullity of the decision so issued, whereas, from the formal point of view, the contested decision meets the requirement of the law on the entry of the reasons for which the employer has removed the employee’s defenses during the prior disciplinary investigation, in conjunction with the act that, concretely, was upheld to represent misconduct.

Rezumat

Existenţa unor apărări în plus, cu privire la care angajatorul nu ar fi expus, în decizia de aplicare a sancţiunii disciplinare, motivele pentru care au fost înlăturate, nu poate conduce la aplicarea sancţiunii...