Disciplinary proceedings

Poul Schmith’s specialists in labour and employment law provide assistance with all aspects of disciplinary proceedings from initial assessment to conducting and reporting the proceedings.

Initiating disciplinary proceedings is always a serious matter. Disciplinary proceedings arise due to suspicion based on specific and articulable facts that a civil servant has failed to diligently comply with the rules applicable to the position he or she holds. They may also arise because a civil servant has proven to be undeserving of the respect and trust commanded by the position. The disciplinary proceedings are intended to elucidate whether something problematic has occurred.

Extensive experience in disciplinary proceedings

Poul Schmith’s labour and employment law specialists have extensive experience in assisting authorities with conducting disciplinary proceedings. The process of initiating and conducting disciplinary proceedings is often very comprehensive and complex. Examples of cases where we have represented authorities in connection with disciplinary proceedings include the socalled cardboard box case (generals having provided incorrect information about the number of Iraqi prisoners in Danish custody), the Christiania case (incorrect information provided by civil servants), the GGGI case (incorrect information about travel expenses) and the Kasi case (the conduct of civil servants when processing certain tax matters).

Assistance at all stages where professional misconduct is suspected

We provide assistance with all aspects of disciplinary proceedings, from initial assessment of the situation to conducting and reporting the proceedings. In outline, disciplinary proceedings include the following stages:

1. An official report is lodged, containing a presentation of the facts. This presentation must be provided to the civil servant, who must be allowed to submit a written response.
2. An assessment is made of whether there is a basis for initiating disciplinary proceedings.
3. A report is prepared with appendices and a review of the civil servant’s response.
4. An officer is appointed to preside over the disciplinary proceedings.
5. The disciplinary proceedings are held, including questioning and submission of any further documents in evidence. The civil servant is represented by a lay representative.
6. The report and recommendation (if any) of the officer presiding over the disciplinary proceedings are reviewed.
7. The case is finalised.

Contact our employment law specialists

We would be pleased to help you assess whether a specific situation warrants disciplinary proceedings to be initiated. Contact our team of specialists and let us help you.