RUBINS v. LATVIA JUDGMENT
9
right of suspensive veto (atliekošā veto tiesības) over decisions adopted by
the Senate.
33. Point 5.1 of the statue of the Senate (Senāta nolikums) provides that
Senate meetings are convened, inter alia, at the initiative of the Rector.
34. The relevant provisions of the staff regulations in force at the
University at the material time read as follows:
6.1.2. – employees must carry out their tasks conscientiously and
honestly;
6.1.7. – employees must treat other members of the University staff with
respect;
6.2.1. – employees have a responsibility to carry out work of good
quality in accordance with their contract and job description, the
constitution of the University, decisions of the Senate, internal regulations
and orders and the external legislation of the Republic of Latvia.
3. Practice on the interpretation of certain provisions of the Labour
Law
35. According to the view of the Senate of the Supreme Court, published
in a compilation of case-law on employment disputes, the final assessment
of whether an infringement [of an employment contract or staff regulation]
is grave lies with the domestic courts. Furthermore, the term “good morals”
(section 101, paragraph 1, sub-paragraph 3 of the Labour Law) is applicable
not only to work carried out within the specified working hours but may
also refer to employment-related functions performed outside regular
working hours. Since the legislature failed to define the term “good morals”,
this term has been acknowledged to be a general clause the content of which
has to be defined by the courts’ case-law. According to present-day caselaw and legal science, the term “good morals”, in addition to its social
character, also has a legal dimension, that is, it encompasses not only
generally accepted moral standards but also ethical principles and values
enshrined, inter alia, in the Constitution. Thus, according to the Senate, the
reference to the term “good morals” is a general clause the content of which
has to be determined by those who apply the law.
THE LAW
I. ADMISSIBILITY OF THE APPLICATION
36. The Government advanced two sets of preliminary objections.
Firstly, they contended that the applicant could not claim to be a victim
within the meaning of Article 34 of the Convention. Secondly, the
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