The rights of the employee sentenced to cancellation An analytical study

Abstract

The consequences of the issuance of the ruling to cancel an administrative decision is the absence of that decision and its consideration as non-existent and the extension of that retroactive effect from the date of its issuance, and this results in an obligation on the administration to implement the ruling, that is, it has an obligation to rearrange the legal centers, and return the situation to what is It is upon him before the issuance of this ruling, and this impact is of great importance on the rights of employees, as well as in putting the ruling against them into effect, and this is what preoccupied every writer and jurists of administrative law in Iraq and other countries, several legislations and rulings of the judiciary were established to ensure the proper application of this implementation and required responsibility management in violation of that. In the event that the administration implements the abolition judgment and returns the employee to his previous job and returns the situation to what it was before the issuance of the judgment ruling for cancellation, here the management must compensate him for the lost earnings and the damage he sustained. Therefore, we must indicate the financial and non-financial rights of the employee who He was returned to his previous job, and compensated for the damage he sustained as a result of the illegal disciplinary decision being issued.