Attorney-at-law Jaak Siim successfully represented state official in court dispute about disciplinary proceeding
Partner Jaak Siim of the LEADELL Pilv Law Office successfully represented an inspector of the Labour Inspectorate in a court dispute related to the legitimacy of a disciplinary proceeding, during which the state official was removed from public service. Although the disciplinary proceeding was terminated during the court proceeding without any penalty, the court established the possibility to continue the proceeding regarding the alternative claim of the claimant related to the legitimacy of the initial order. The court shared the standpoint of the claimant based on the case law of the Supreme Court that it is necessary to recognise the annulled administrative order as illegal in order to receive the compensation of procedural costs.
On 14 June 2017 the Administrative Court decided to satisfy the complaint of the state official and ordered the inspectorate to cover all the procedural costs of the applicant. The court agreed that the administrative order in its content had been unlawful due to the lack of reasoning and considerations.
The decision of the Administrative Court has not entered into force yet. The Labour Inspectorate has the right to appeal the decision within 30 days as from its publication.