| Abstract [eng] |
This study analyses the essence of the loss of trust and confidence as a ground for an application of disciplinary liability. The loss of trust and confidence is not a statutory ground for the application of disciplinary liability, however, this concept as a legal notion is increasingly used in the Supreme Court of Lithuania (further - SCL) practice when the matter of application of the most severe disciplinary sanction – dismissal from work – is addressed. Therefore, the study firstly examines the definition of disciplinary liability and the grounds for disciplinary liability. Following the statement that the ground for disciplinary liability is a breach of labour discipline, the models of finding the breach of labour discipline used in legal theory and SCL practice are examined, the role of the loss of trust and confidence in the SCL practice is detected and the prerequisite for the loss of trust and confidence to be qualified as a ground for the application of disciplinary liability is identified. Considering the fact that the origins of neither the trust and confidence nor the loss of trust and confidence are analysed in the SCL practice, in the second chapter of this study it is attempted to discover the concept of the trust and confidence and the loss of trust and confidence by using the historical analysis of the Lithuanian labour legal acts and by using the comparative analysis of the United Kingdom court practice in which the notion of trust and confidence and the loss of trust and confidence is well established. In the third chapter of this study, the importance of the employees‘ job title to the loss of trust and confidence is analysed in relation to the application of higher standards to the special categories of employees. In the fourth chapter of this study the application of the loss of trust and confidence in SCL practice is examined and classification of such application of the loss of trust and confidence is attempted to be made. Following the ways of classification of the application of the loss of trust and confidence, the examples established in the foreign labour law are analysed. |
