8
RUBINS v. LATVIA JUDGMENT
II. RELEVANT DOMESTIC AND INTERNATIONAL LAW
Relevant domestic law and practice
1. Labour Law
29. Section 9 of the Labour Law (a whistle-blowers’ protection clause)
provides that an employee may not be punished or otherwise directly or
indirectly subjected to unfavourable treatment, in the context of
employment relations, for exercising his rights in a permissible manner
[pieļaujamā veidā] or informing the competent authorities or officials about
suspicions of criminal or administrative offences in his place of
employment. If, in the event of a dispute, an employee reports such
circumstances which could serve as a basis for unfavourable treatment by
his or her employer, it is the employer’s duty to prove that the employee has
not been punished or otherwise unfavourably affected, either directly or
indirectly, for having exercised his or her rights in the context of
employment relations in a permissible manner.
30. Section 101(1)(1) and (3) of the Labour Law authorises employers to
dismiss an employee only on the basis of circumstances related to the
employee’s conduct or his or her abilities, or in connection with the
performance of economic, organisational, technological or similar functions
within the company if (1) “the employee, in the absence of extenuating
circumstances, has committed significant infringements of his or her
employment contract or terms of employment” and (3) “the employee has
fulfilled his or her duties in a manner that disregards good morals [labi
tikumi] and such actions are not compatible with his or her continued
employment.”
31. The same section further provides that if an employer intends to
issue a notice of termination of an employment contract on the basis of,
inter alia, the first paragraph, sub-paragraphs 1 and 3 of this section, the
employer has a duty to request written explanations from the employee.
When deciding on the possible termination of the employment contract the
employer has a duty to evaluate the severity of the violation at issue and the
circumstances in which it was committed, as well as the personal
characteristics of the employee and his or her previous work record.
2. Relevant provisions regulating the functioning of the University
32. Point 3.2 of the constituent document of the University (Rīgas
Stradiņa universitātes Satversme) provides that the Rector or the Senate
may convene the constituent assembly of the University. The Rector, the
Senate or the student self-government body may convene an extraordinary
meeting of the constituent assembly. Pursuant to point 3.8 the Rector has a
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