4
RUBINS v. LATVIA JUDGMENT
[9] I am sure that I don’t want this and I wish to be allowed to work in a creative
manner with students in my field as before. In addition, I have much work to do
organising two large European congresses in 2011 and 2012 in Riga, in both of
which my participation as president has been confirmed.
[10] Since I have also not received the list of members of the constituent assembly
of the University (which was requested from you and the Senate in my letter of
3 March 2010!?, a fact which demonstrates the lack of democracy [at] the
University), I will await a reply from you by Monday, 22 March 2010 at 11 a.m. If
we are unable to reach agreement by signing a settlement agreement I will make all
my current information public in the form of an open letter so that the members of
the constituent assembly of the University also have at least one day before the
meeting to think about their vote.
Professor A. Rubins
P.S. [contains a request concerning one of the applicant’s staff members who was
on sick leave but at the same time attended meetings of the Senate].
14. On 22 March 2010 the Rector replied to the applicant that he could
not agree to any of the proposals.
15. The following day, 23 March 2010, at the meeting of the constituent
assembly of the University, the applicant expressed his disagreement with
the reorganisation and asked that the decision concerning the merger of
faculties be annulled. His request was not upheld. On the same day the
national news agency LETA published the applicant’s views about the
alleged shortcomings in the management of the University. The criticisms
referred to the conclusions of the State Audit Office.
16. On 25 and 31 March 2010 the Rector asked an ad hoc investigative
committee and the ethics committee to review the applicant’s conduct.
17. On 6 May 2010 the applicant received a notice of termination of
employment (uzteikums) from the University, in which he was informed that
his employment contract with the University would be terminated ten days
after receipt of the notice. The legal basis for the applicant’s dismissal was
section 101(1)(1) and (3) of the Labour Law, and the applicant was deemed
to have acted in contravention of several provisions of the University’s staff
regulations (see Relevant domestic law part, paragraphs 30 and 34 below).
The notice stated, inter alia, as follows:
“The ground for dismissal is the email you sent to the Rector of [the University] on
20 [March] 2010, in which, while addressing the Rector concerning issues of interest
to you, you included inappropriate demands, including elements of blackmail and
undisguised threats. As a consequence your actions are considered as very grave
infringements of basic ethical principles and standards of behaviour, and as absolutely
contrary to good morals. The fact of sending such a letter, and its contents, are clearly
contrary to good morals, all the more so taking into account the circumstances in
which the letter was sent and your attitude.”
18. On 17 May 2010 the University dismissed the applicant from his
post. Soon afterwards he took up a post in another university in Latvia.
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