Disguised employment-related sanctions

Abstract

Whereas the proper, regular, and consistent functioning of public services regulates the administration's authority in taking measures and exercising disciplinary procedures in which ensure the continuity of operations and removing obstacles thereto, this does not imply conflating procedures and rules, even when their objectives are alike. This is because of that the legislature has established distinct procedural pathways for each measure, with specific safeguards and incentives that both protect the administration's right to exercise its powers and

     guarantee employees' rights to defend their interests. Furthermore, while administrative procedures and disciplinary accountability share the fundamental goal of protecting and promoting public interest, their respective purposes differ substantially. Consequently, any administrative confusion between these two constitutes a violation of the principle of legality and an abuse of authority. The administration must therefore be prohibited from using administrative measures to achieve disciplinary outcomes, as such overreach constitutes ultra vires action and leads to the nullity of the administrative decision.

Keywords: Disguised sanctions, Discipline, Penalty, Civil servant, Administration.