Art. 23 Loi sur la gestion des eaux (LGEaux)

A/1074/2019 · ge (Art. 23 LPAC)

Appeal Against Partial Suppression of Technical Staff Position Upheld

The court confirmed the decision to partially suppress the position, finding that the procedure, including the right to be heard (al. 3) and the indemnity (al. 4), complied with this article regarding reorganization or restructuring.

A/1074/2019 · ge (Art. 23 al. 3 LPAC)

Appeal Against Partial Suppression of Technical Staff Position Upheld

The court specifically confirmed that the employee's right to be heard was respected during the position suppression procedure.

A/1074/2019 · ge (Art. 23 al. 4 LPAC)

Appeal Against Partial Suppression of Technical Staff Position Upheld

The amount of the indemnity granted, which was not contested, was confirmed as being in accordance with this provision.

A/2778/2014 · ge (art. 23 al. 1 LPAC)

Official Challenging Post Suppression and Reassignment Failure in Reorganization

Cited in the reasoning regarding the conditions for terminating employment due to reorganization, which the court found were met.

A/2778/2014 · ge (art. 23 al. 2 LPAC)

Official Challenging Post Suppression and Reassignment Failure in Reorganization

Cited as the main legal basis concerning the obligation to reassign the employee before dismissal, which the court ultimately found was not violated by the State.

A/2778/2014 · ge (art. 23 al. 4 LPAC)

Official Challenging Post Suppression and Reassignment Failure in Reorganization

Cited regarding the indemnity calculation for officials in case of dismissal for reorganization.

A/2778/2014 · ge (art. 23 al. 5 LPAC)

Official Challenging Post Suppression and Reassignment Failure in Reorganization

Cited regarding the exception to indemnity in case of transfer within the administration.

A/4818/2017 · ge (art. 23 LPAC)

Reinstatement Ordered After Finding Position Elimination Was Disguised Termination

The court examined whether the conditions for termination due to post suppression under this article were met, ultimately finding them not met.

A/5098/2017 · ge (art. 23 LPAC)

Administrative Employee v. Finance Department on Severance Indemnity Suspension

This provision concerns the competence of the Conseil d’État in case of post suppression, which justified declaring the contested decision null and void.

A/1011/2015 · ge (art. 23 LPAC)

Employee Severance Claim After Negotiated Termination Rejected

The court rejected the claim for severance pay for position abolition because the termination was by agreement, not a true position abolition under this article.

A/692/2011 · ge (art. 23 LPAC)

Employee Termination Due to Center Closure: Violation of Right to be Heard

Cited in the reasoning but not explicitly in the dispositive orders for the main ground of appeal (which relied on violation of due process).

A/693/2011 · ge (art. 23 al. 4 LPAC)

Employee Termination Annulled Due to Procedural Violation; Indemnity Covered by Prior Severance Payment

Cited in relation to the indemnity previously calculated by the employer, which serves as a floor for the final indemnity.

A/4755/2007 · ge (Art. 23 al. 1er LPAC)

Senior Civil Servant Dismissal and Reclassification Obligation

The court rejected the appeal based on the principle that the conditions for terminating service due to post suppression were met, implicitly confirming the decision based on this article.

A/4755/2007 · ge (Art. 23 al. 2 LPAC)

Senior Civil Servant Dismissal and Reclassification Obligation

The court addressed the appellant's argument regarding the State's failure to satisfy its obligation to reassign her, which is governed by this article, before proceeding to termination.

A/2553/2008 · ge (art. 23 al. 2 LPAC)

Public Servant Reinstatement After Unlawful Termination Due to Reorganization

This provision's alleged violation was the main ground for admitting the appeal and annulling the dismissal order.