Art. 26 Loi sur la gestion des eaux (LGEaux)

A/3084/2024 · ge (art. 26 al. 1 LPAC)

Public Servant Termination Upheld Due to Durable Incapacity

This provision permits termination of service when an employee is unable to fulfill their duties due to health or disability reasons.

A/3084/2024 · ge (art. 26 al. 3 LPAC)

Public Servant Termination Upheld Due to Durable Incapacity

This article dictates the mandatory procedure for confirming incapacity due to health, requiring an in-depth medical examination by the State's consulting physician, which the court found was sufficiently met.

A/2775/2024 · ge (Art. 26 al. 3 LPAC)

Employee Incapacity Termination and Failure to Reclassify

The court analyzed whether the procedure under this article regarding medical assessment was respected, despite the termination being deemed contrary to law for other reasons.

A/153/2023 · ge (Art. 26 al. 3 LPAC)

Dismissal for Medical Incapacity Upheld After Failed Reassignment

Cited in the context of the substantive grounds for dismissal related to health/disability, although the court ultimately found the procedural requirement for medical consultation was met.

A/2081/2021 · ge (Art. 26 al. 1 LPAC)

Appeal Dismissed: Termination for Long-Term Incapacity Upheld

The court applied this article as the legal basis for terminating the employment relationship due to the appellant's disability.

A/2081/2021 · ge (Art. 26 al. 2 LPAC)

Appeal Dismissed: Termination for Long-Term Incapacity Upheld

This provision was applied in determining that termination was justified only after it was deemed impossible to reassign the appellant within the administration.

A/761/2021 · ge (art. 26 al. 3 LPAC)

Appeal on Termination of Public Employment Due to Health Grounds Without Proper Medical Assessment

Cited in the context of the required in-depth medical examination for termination based on health grounds, which the court found lacking in the employer's decision.

A/4557/2017 · ge (art. 26 al. 2 LPAC)

Employee Reinstatement Following Improper Termination for Incapacity

This provision governs the termination of employment contracts based on health/disability, specifically requiring that reclassification attempts must be unsuccessful before termination.

A/2458/2018 · ge (art. 26 LPAC)

Public Servant Termination Upheld Despite Health Incapacity Claim

Cited as the rule the court determined was *not* applicable to dismiss the appeal based on health grounds.

A/2231/2018 · ge (Art. 26 LPAC)

Civil Servant Reinstatement After Insufficient Incapacity Finding

The decision to terminate employment was annulled, as this article formed the basis for the contested decision concerning termination due to invalidity.

A/3010/2013 · ge (art. 26 LPAC)

Public Employee Termination Upheld Despite Post-Surgical Protection Claim

The court examined and dismissed the argument that the employer should have initiated termination proceedings based on incapacity for service under this article, instead of proceeding with termination for just cause.

A/1790/2014 · ge (art. 26 LPAC)

Hospital Employee Dismissal Due to Long-Term Incapacity Upheld

The court explicitly rejected the appeal because the termination of the service relationship was deemed lawful, particularly under this article concerning invalidity.

A/4018/2023 · ge (art. 26 al. 2 LPAC)

Medical Secretary Termination Upheld Due to Incompatibility and Lack of Alternative Role

The final order rejects the appeal against the decision that referred to Art. 26 al. 2 LPAC regarding the impossibility of reclassification.

A/1922/2020 · ge (Art. 26 al. 3 LPAC)

Pension Institution Processing of Subsidiary Disability Benefits and Conflict of Laws

This provision concerning the requirement for a medical examination for termination of employment due to health reasons was discussed regarding its potential application to the regulatory disability procedure, although the court ultimately ruled it invalid in this context due to conflict with federal law (LPP).

A/1606/2019 · ge (art. 26 LPAC)

Employee Termination Over Medical Unsuitability Upheld, But Procedural Flaw Invalidates Dismissal

Cited regarding the conditions under which the administration can terminate service for health or disability reasons, contingent on the impossibility of reclassification.