Five judges of the Supreme Court of Justice have justified the former employee of the National Motor Transport Agency (ANTA), Sergei Fatu, who was dismissed from office a year ago because he failed the test of integrity that he has been subject to.
Fatu addressed to court with the request to be re-instated and paid the damage for his forced absence from work, because several of his rights have been violated by subjecting him to the integrity test.
According to anticoruptie.md, after the first two courts rejected Fatu’s request, the Supreme Court quashed the judgments of Râşcani Court and the Court of Appeal and ordered to be declared void the order by which the man was fired for negative result of the professional integrity test.
The main reason for the decision invoked by the SCJ judges were the lack of an act demonstrating that Sergei Fatu was announced about the possibility of being subjected to a professional integrity test, as required by the Law on professional integrity testing.
Serghei Fătu was employed as chief specialist of the Department for the Control of Transportation units with weights and / or dimensions exceeding the limits.
During the execution of the test on professional integrity when being at work, in order to pass a truck the weight of which exceeded the norms established by law, he extorted and received 100 lei only after he made sure that the testator has passed other NMTA checkpoints. This amount was transmitted by the tester at the suggestion of the public agent Alexander Chistol, according to anticoruptie.md.
Although the deed was documented, SCJ ordered the rehiring of Sergei Fatu at NMTA and payment of 113 thousand lei, as wages for forced absence from work.