Summary of the CSCCA judgment of 2017-03-07: Recours exercé par le sieur Joubert Neptune, Conseiller économique à l’Ambassade d’Haiti au Canada contre le Ministère des Affaires étrangères et des
Summary: The court's published summary of its judgment of 2017-03-07 in the following case: Recours exercé par le sieur Joubert Neptune, Conseiller économique à l’Ambassade d’Haiti au Canada contre le Ministère des Affaires étrangères et des Cultes pour cause de révocation. The court sat in its administrative jurisdiction. The summary gives the facts, the texts applied and the operative ruling. The court publishes these summaries rather than the judgments themselves, and they are most of what is publicly available of Haitian financial and administrative case law.
Key Findings
- The 7 March 2017 administrative decision ruled on Joubert Neptune's appeal against his dismissal by the Ministry of Foreign Affairs and Worship.
- Neptune had been appointed by letter of 8 May 2014 as economic adviser at Haiti's embassy in Canada and was dismissed on 21 February 2015.
- He filed his appeal on 15 May 2015, arguing absence of reasons and violation of constitutional and public-function provisions.
- The state raised lack of CSCCA jurisdiction and nullity for missing supporting documents, while also arguing that MAEC did not have to justify the dismissal.
- The Auditorat and instructor found the dismissal illegal because it stated no reasons, identified no disciplinary fault, and was taken by the minister alone.
- The Court annulled the dismissal, ordered reinstatement and salary payment from dismissal to reinstatement after deducting any public-treasury remuneration including pension from June 2016, and awarded damages equivalent to 20 percent attorney fees.
How to cite
Superior Court of Accounts and Administrative Disputes (CSCCA), Summary of the CSCCA judgment of 2017-03-07: Recours exercé par le sieur Joubert Neptune, Conseiller économique à l’Ambassade d’Haiti au Canada contre le Ministère des Affaires étrangères et des, https://cscca.gouv.ht/