Challenging dismissal from the civil service

When Is the Dismissal of a Civil Servant Considered Unlawful?

According to Article 19 of the Constitution of Ukraine, state authorities and local self-government bodies, as well as their officials, are required to act exclusively on the grounds, within the scope of their powers, and in the manner prescribed by the Constitution and laws of Ukraine.

This principle also applies to decisions concerning the termination of civil service employment. The dismissal of a civil servant must have a lawful basis and comply with the established procedure.

Grounds for challenging an unlawful dismissal may include:

• Absence of legally established grounds for terminating civil service employment.
• Violation of the prescribed notice periods or procedures for notifying an employee of dismissal.
• Failure to comply with the procedure for abolishing a civil service position or reorganizing a government authority.
• Violation of the statutory procedure for offering vacant positions.
• Unjustified imposition of dismissal as a disciplinary sanction.
• Violation of the procedure for evaluating performance or conducting professional assessments, where such procedures are required for the relevant category of employees.
• Issuance of a dismissal decision by an unauthorized official.
• Violation of other guarantees provided by civil service legislation.

It is important to understand that even where formal grounds for dismissal exist, a decision made by a government authority may be declared unlawful if significant procedural violations occurred during its adoption.

Appealing Dismissal Based on Performance Evaluation or Professional Assessment Results

One category of disputes concerning the termination of civil service employment involves dismissals resulting from negative performance evaluations or professional assessments.

In such situations, particular attention must be paid to reviewing the legality of the decision that subsequently served as the basis for the employee’s dismissal.

For example, the following violations may occur during the evaluation process:

• Failure to comply with the established evaluation procedure.
• Lack of proper justification for negative evaluation results.
• Biased or non-objective assessment of professional performance.
• Violation of the procedure for documenting evaluation results.
• Adoption of a decision exceeding the authorized scope of powers.

In such cases, challenging only the dismissal order may not be sufficient. Depending on the circumstances, it may also be necessary to challenge the decision establishing negative performance evaluation or professional assessment results that served as the basis for terminating civil service employment.

A lawyer specializing in appeals against dismissal from the civil service will examine the legality of all interconnected decisions and determine the appropriate judicial remedy.

Appealing Dismissal Due to the Abolition of a Civil Service Position

A reduction in the number of employees or staffing positions, changes to the organizational structure, or the reorganization of a government authority may constitute grounds for terminating civil service employment. However, such decisions do not release the employer from the obligation to comply with statutory employment protections.

When assessing the legality of a dismissal due to staff reductions, a lawyer examines:

• Whether the relevant position was actually abolished.
• Whether the established procedure for notifying the employee was followed.
• Whether the requirements for offering vacant positions were fulfilled, where applicable to the specific circumstances.
• Whether the decision to terminate civil service employment was properly documented.
• Whether staff reductions were used as a formal pretext for dismissing a particular employee.

The specific procedural requirements depend on the employee’s legal status, the grounds for terminating civil service employment, and the version of the legislation in force at the time of dismissal.

Appealing Disciplinary Dismissal of a Civil Servant

Dismissal from the civil service may be imposed as a disciplinary sanction in cases prescribed by law.

However, a decision to impose disciplinary dismissal must be lawful, properly justified, and adopted in compliance with the applicable procedure.

When challenging a disciplinary sanction, a lawyer examines the evidence of the alleged disciplinary offense, compliance with the deadlines for imposing disciplinary liability, the procedure followed during disciplinary proceedings, and the proportionality of the sanction imposed.

If the dismissal occurred without sufficient legal grounds or involved significant procedural violations, the civil servant may apply to the court to protect their rights.

What Is the Deadline for Appealing Dismissal from the Civil Service?

As a general rule, a one-month deadline applies to filing a claim with an administrative court in cases concerning dismissal from public service.

Under part five of Article 122 of the Code of Administrative Procedure of Ukraine, the one-month period applies to cases concerning admission to public service, service-related matters, and dismissal from public service.

The starting point of this period is determined based on the circumstances of the case and the date when the individual became aware or should have become aware of the violation of their rights. The date on which the dismissal order was received may be decisive in calculating this deadline.

Missing the deadline for filing a court claim may complicate the protection of one’s rights. Therefore, after receiving a dismissal order, it is advisable to consult a lawyer as soon as possible.

How Can a Civil Servant Be Reinstated Through Court Proceedings?

An unlawful dismissal from the civil service can be challenged by filing an administrative lawsuit with the competent court.

Depending on the circumstances of the case, the claims may include:

1. Declaring the dismissal order unlawful and annulling it.
2. Annulment of a decision on negative performance evaluation results or another decision that served as the basis for dismissal.
3. Reinstatement of the civil servant to the relevant position.
4. Recovery of average earnings for the period of enforced absence from work.
5. Other claims necessary to ensure effective protection of the violated rights.

The outcome of court proceedings depends on the available evidence, the legal grounds for dismissal, and the circumstances established by the court.

Legal Services for Appealing Dismissal from the Civil Service

The law firm Prikhodko & Partners provides comprehensive legal assistance to civil servants at every stage of dispute resolution.

Our legal services include:

1. Legal consultation on the lawfulness of dismissal from the civil service.
2. Review of the dismissal order and personnel file documents.
3. Assessment of the legality of professional assessments, performance evaluations, or disciplinary proceedings.
4. Development of a legal position and appeal strategy.
5. Obtaining necessary documents and evidence.
6. Preparation and filing of an administrative lawsuit.
7. Representation of the client’s interests before an administrative court.
8. Appealing court decisions through appellate and cassation procedures where appropriate legal grounds exist.
9. Legal assistance with the enforcement of a court decision ordering reinstatement.
10. Assistance in recovering payments due for the period of enforced absence from work.

We do not apply the same approach to every case. Each situation requires an individual assessment, as the grounds for dismissal, decision-making procedures, and available evidence may differ significantly.

Why Choose the Lawyers at Prikhodko & Partners?

Challenging dismissal from the civil service requires knowledge of administrative legislation, specific regulations governing civil service employment, and relevant judicial practice.

Our lawyers will help determine whether there are legal grounds for annulling the dismissal order, which decisions need to be challenged, and what evidence may establish a violation of the civil servant’s rights.

We provide an individual approach to each case, prepare procedural documents, and represent our clients’ interests in court.

Have you been unlawfully dismissed from the civil service? Do not delay seeking legal assistance. The lawyers at Prikhodko & Partners will analyze the circumstances of your dismissal, assess the prospects of a successful appeal, and recommend a legal strategy to protect your rights.