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annual report 2011
20-7. Flexible job scheme employee dismissed
without inclusion of the Social Chapter
As a result of cutbacks a woman was dismissed from a flexible job at an institution run by the local authority.
The Ombudsman criticised that the local authority had not included its duties
pursuant to the framework agreement on the Social Chapter in its decision to
dismiss the woman. The Ombudsman stated that the framework agreement
presumably meant that the local authority had an increased obligation to try to
find the woman another position. In the Ombudsman’s opinion, the local authority had neither documented that it had been impossible to find the woman
another position nor that the local authority had made any real effort to do so.
In addition, the Ombudsman criticised the local authority for not giving the
woman adequate grounds for her dismissal, neither when she was consulted as
a party nor in the local authority’s subsequent decision. Furthermore, the local
authority had not observed the rules on the consultation of parties to cases or
on the duty to take notes.
On this basis the Ombudsman asked the local authority to reopen the case.
(Case No. 2010-1951-8133)
20-8. L
ocal authority’s case processing time
In a case concerning an inspection of a private communal road, a citizen complained to the Ombudsman about the local authority’s case processing time.
From the first time the citizen contacted the local authority until the local
authority submitted a statement to the Ombudsman, a period of over two years
and seven months had elapsed without any processing steps being taken in the
case.
The Ombudsman stated that this left the impression that the case had been
forgotten by the local authority, and in his opinion the case processing by the
local authority was a matter for severe criticism. The Ombudsman also found it
regrettable that the local authority had not replied to reminders and to a request
from the Road Directorate for comments, and that the local authority had not
provided any information about the case processing time on its own initiative.
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