6
RUBINS v. LATVIA JUDGMENT
23. The conclusions of the appeal court echoed those reached by the
University’s ethics committee and by two ad hoc investigative committees
set up on 25 March and 6 April 2010. In particular, the court observed in
point 10.1 that the committee had concluded that the infringements
committed by the applicant were demonstrated by the fact that he had sent
the email and had carried out “other activities after the Senate’s decision of
23 February 2010 ... including making unfounded statements, for example,
about the abolition of the department, the circumstances of the
reorganisation that had been directed against the applicant, and threats made
by G.B. against the applicant. The email of 28 February 2010 ... comprises
statements, for example, about ... private life and religious convictions”.
24. The court further noted that it was apparent from the materials in the
case file that on 23 March 2010 the national news agency LETA had
published the applicant’s views about events in the University, in which he
had criticised the leadership of the University, stating that a group of twelve
to fifteen persons had usurped all power and set up an authoritarian or even
dictatorial regime. The court also referred to the content of the email the
applicant had sent on 3 March 2010 (see paragraph 9 above) and came to
the conclusion that he had contravened the obligation to treat the staff of the
University with respect.
25. The court turned next to the question of “good morals” and, after
finding that this term had no precise legal definition, proceeded to conclude
that it consisted of three “basic ethical principles”: “the principle of integrity
and righteousness”, “the principle of responsibility” and “the principle of
loyalty”. It found that the applicant had acted in breach of these principles
and that there was:
“[11.2] ...no reason to conclude that the applicant had only intended to inform [the
Rector] about [his plan] to exercise his democratic rights, [that is], to submit
complaints to the courts and to publish information in the media, while respecting the
interests of society. The content of the letter [of 20 March 2010] attests to [the
applicant’s] wish to act for a selfish cause, namely to retain his position as a head of
department, contrary to the Senate’s decision on reorganisation, or to receive
substantial financial compensation, regardless of [the need to use] the budget of [the
University] in an economical and reasonable way in compliance with the goals of the
[University].
[The appeal court] finds that there is no evidence that prior to the letter of 20 March
2010 [the University] had obstructed the applicant’s democratic rights to inform
society and the competent institutions about the alleged violations in the [University].
Taking into account the aforementioned finding, [that is], that the [applicant’s] aim
in writing the letter of 20 March 2010 was selfish, the [appeal court] finds that the
[applicant] sought to achieve a result beneficial to himself by trying to persuade [the
Rector] to take unlawful steps. In view of the aforementioned considerations, this
should be considered a threat.”
26. Turning to the applicant’s claim for compensation in respect of nonpecuniary damage, the appeal court cited section 9(1) of the Labour Law
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