Silence cannot deny your right to see your file
The court overturned the employer’s refusal and ordered the documents handed over.
- Case
- Administrative case
- Court
- Court of First Instance, Administrative Circuit
- Outcome
- Refusal overturned, documents released
When an employee is suspended and then refused sight of the decision and investigation records, defending himself becomes almost impossible. This is what our client faced, and what the court decided.
The facts
Our client asked the court to overturn his government employer’s refusal to let him see the decision suspending him and the records of his investigation.
What decided the case
- Our client filed a complete request under the Access to Information Law and its regulations, so the procedural objection failed.
- An employee has a clear interest in seeing what affects his position, to check that decisions about him are lawful.
- The authority neither justified its refusal nor claimed confidentiality, so the refusal was an unlawful negative decision.
What this means for you
If your employer refuses to show you a decision that affects your position, that refusal may itself be a negative decision you can challenge. File a complete request, keep proof of when you filed it, and review your position with a lawyer.
Client names are withheld for confidentiality.
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