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The court ruled that the department had not requested permission from the territorial division of the State Labor Inspectorate to fire V. Laukis and had not obtained consent.
The Department of Environmental Protection was obliged to do so, since V. Laukys was the president of the Trade Union of Workers of the Lithuanian Environmental Protection System at that time.
“The consent of the territorial division of the State Labor Inspectorate, in whose territory the employer’s workplace is located, is necessary for the dismissal of the people who represent the workers, and the termination of the employment contract it is not possible without such consent. Failure to comply with this requirement is an independent reason to declare the termination of the employment contract illegal, ”says the court ruling.
V. Laukys was relieved of his duties by imposing an official sanction for failing to ensure that the orders of the department director were published in the Registry of Legal Acts, and by amending the Regulations and appointing a responsible department or employee to publish the regulatory orders of the department. director in the Registry of Legal Acts or on the department’s website.
In its conclusion, the commission that carried out the official inspection proposed to impose a strict reprimand on V. Laukis, at that time the unions stated that they did not agree with the conclusion and suggested not to impose a sanction for service. The dismissal decision was made by the head of the department Olga Vėbrienė.
As this order was annulled, the court did not rule on the other arguments of the complaint regarding the unfounded sentence.
After the dismissal is revoked, V.Laukys returns to the position of head of the Kaunas Environmental Quality Control Division by court decision, he is awarded the average salary from the day of dismissal until the execution of the court decision and the compensation of 500 euros for non-material damage.
“This part of the decision must be implemented urgently,” the court emphasized regarding the order to return V. Laukis to his current position.
V. Laukys headed the Department of Environmental Protection from May 2018 to March 2020, when he was transferred to a lower position.
This was done when the department and its boss came under fire after possible fire pollution scandals at the Ekologistika tire recycling company in Alytus and Grigeo Klaipėda in the Curonian lagoon.
In mid-March, the Vilnius Regional Administrative Court also overturned the strict reprimand imposed on V. Laukius for the improper use of an official car.
These court decisions can be appealed to the Supreme Administrative Court of Lithuania.
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