Just recently,we published an article about the case of the Civil Registry Department,which seemed to be closed,but watching the council meeting on November 28,one gets the feeling that everything is yet to come.The municipality of Talsi region is preparing to file a new criminal case.
“We have lost the legal process,” Aigars Šturms, the senior lawyer of the Legal department of the Municipality of Talsi Region, started the examination of the issue. “The process started on September 18, 2022, when the head of the document management department provided data that the document circulation procedure was not followed in the Civil Registry Department. It took about a year for additional evidence to emerge, so a commission was formed to assess what was happening in the Registry Office. A little more than a month after the creation of the commission, the opinion of the commission was prepared.We concluded that the examination of the opinion was not carried out widely and deeply enough, so a second commission was formed, which prepared the opinion. Several possible violations were found in it. The local government was advised to request explanations, to consider the possibility of recovering damages, and also to evaluate compliance with the position held. On December 1, 2023, employees were asked to provide an clarification.”
What is the moment of the breach?
After receiving the explanations, notices were prepared in January 2024. ”On April 26 of this year, there was a verdict of the court of first instance, where the claim of the plaintiff (employees) was partially satisfied,” explains A. Sturms. «19. in July there was a judgment of the second instance court,where basically the same thing was decided. The court checked whether the termination was legally justified and whether the procedure for terminating the employment contract was not violated. The court concluded that it had been violated. On December 1, 2023, the opinion of the second commission was prepared, and the notice period began to count from that moment. In principle, this was also the central question in the legal proceedings – what is the moment of finding of the violation?”
“The municipality argued that the second opinion of the commission was issued on December 1, but we cannot consider that the moment of discovery of the violation, because at that time no explanations had been received from the employees about what was found in the opinions. The municipality should have acted faster, but I do not see that in this situation it would be possible to execute any process faster, as the employees had not yet received explanations, but the labor law states that the employment contract cannot be terminated until the employee’s explanation has been obtained. We failed to convince the Court that the moment of discovery of the violations is not December 1, so the decision is in favor of the plaintiffs,” said A. Sturms.
Missed deadlines
The senior lawyer of the legal department explained that the notices had a basis: «The notices were recognized as illegal. The reason why the claim was satisfied in connection with the termination — because the deadline was not met.”
The municipality must pay a total of 48,518 euros for legal proceedings, part of which is the unpaid salary. “One employee has been reinstated, she had to pay the average earnings for the period from the District Court judgment (July) to the cassation judgment (November) on the rejection of the claim,” said D. Tabulēvica. “On the other hand, we paid the compensation for the leave to the other employee, who had no demands for reinstatement. Also, according to the verdict, both employees were entitled to demand 6% per year according to the law. One female employee has 11,381 euros, the other female employee has 9,539 euros. In addition to each, one was paid 2,095 euros and the other 2,135 euros. It totals 25,151 euros.»
At the council meeting, it was announced that nine violations were recorded in the verdict, so deputy Aldis Pinkens expressed his concern that an employee who has no doubts about his previous violations continues to work in the municipality. “The beginning of January will be the time when, I hope, we will be able to apply to the Court already with the demand for the initiation of criminal proceedings,” explains Diāna Tabulēvicas, the deputy head of the Legal Department for leasing and expropriation of property.
The former head of the registry office, antra Jesineviča, and deputy Alita Vicinska explain that their consciences are clear in this matter, but they will not give further comments at this time.
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How do wrongful termination court rulings impact local government policies regarding employee contracts?
Interview between Time.news Editor and Aigars Šturms, Senior Lawyer of the Legal Department of the Municipality of Talsi Region
Editor: Welcome, Aigars Šturms. Thank you for joining us today. It seems there’s a lot too unpack regarding the situation with the Civil Registry department. Can you give us a brief overview of how this issue began?
Aigars Šturms: Thank you for having me. The situation commenced on September 18, 2022, when we received alarming data from the head of the document management department.It indicated that proper procedures for document circulation were not being followed in the Civil Registry Department. This triggered an internal examination which has sence evolved significantly.
Editor: It sounds like the investigation has been layered and drawn out. Could you explain the steps taken since that initial finding?
Aigars Šturms: Certainly. After the initial report, we established a commission to dive deeper into the matters at hand. However, we found that the first commission’s assessment wasn’t thorough enough, which led to the formation of a second commission. This second commission identified several violations and recommended that the local government seek explanations, consider damages, and review the positions held by the involved employees.
Editor: It’s evident that this issue has been taken seriously. Yet, you mentioned that the municipality plans to file a new criminal case. What prompted that decision?
Aigars Šturms: The ongoing developments and findings from the second commission, as well as the recent court verdicts, indicated a more systemic issue within the department. It became clear that there were serious breaches in legal and ethical standards. As an inevitable result, we believe that pursuing a criminal case is necessary to ensure accountability.
Editor: Regarding the legal proceedings, you indicated that the court found violations in the termination of employment contracts within the department. Could you elaborate on what this entails for those employees?
Aigars Šturms: Yes, on April 26, the first instance court partially satisfied the claims of the employees, asserting that the termination of their contracts was not legally justified. Subsequently, the second instance court reaffirmed this view in July. The consequences of these rulings indicate that the employees were wrongfully terminated and should be compensated accordingly.
Editor: That must have significant implications for both the local government and the employees themselves. How do you foresee the next steps in this case?
Aigars Šturms: The primary next steps involve awaiting and carefully analyzing the employee clarifications that were requested. Onc we have their responses,we will be able to proceed with formulating a comprehensive report that will guide our actions,including the potential filing of the new criminal case.
Editor: That’s insightful. Aigars, what do you think this situation reveals about governance and accountability in local municipalities?
Aigars Šturms: This situation highlights the essential need for clarity and accountability within public institutions. When proper procedures are not followed, it erodes trust between the government and the citizens. it’s crucial for us to learn from this experience to strengthen our processes and ensure that such violations do not occur in the future.
Editor: Thank you for your candor, Aigars. It’s clear that the situation at the Civil Registry Department is not just a legal issue, but also a matter of public trust. We appreciate your insights and look forward to hearing more as developments unfold.
Aigars Šturms: Thank you for the opportunity to discuss this important issue.