Dudelange municipality ordered to reinstate suspended IT workers

The administrative court has ruled that two IT staff members suspended by the municipality of Dudelange must return to work immediately.

The suspensions had been imposed following allegations of racism, inappropriate behaviour, and espionage. However, after legal action initiated by the General Federation of Local Government (FGFC), the court ruled in favour of the two civil servants.

In its decision, the court determined that the suspensions were unjustified, citing procedural violations by the municipality, particularly in relation to questioning. The suspended employees claimed that "Stasi methods" had been used during the investigation. The newspaper Luxemburger Wort reported that the municipality reviewed ten years' worth of email and chat messages from all IT department staff. The two civil servants argued that the process disregarded privacy protections.

According to the FGFC, the court's ruling means the two IT specialists will return to their former roles. The union noted that their department is pleased with the outcome and looks forward to welcoming their colleagues back.

The FGFC also emphasised that the ruling could set an important precedent. The union argued that personal conflicts in public administrations must be handled with greater transparency and fairness.

Municipality accepts court verdict

The municipality of Dudelange has announced its acceptance of the administrative court's ruling and plans to implement it, according to Mayor Dan Biancalana in an interview with our colleagues from RTL.lu.

Biancalana clarified that the court's decision pertains solely to the procedural aspects of the suspension. He explained that while the municipality deemed emergency action necessary, the court did not agree, which is why the two civil servants are permitted to return to their positions.

However, the mayor emphasised that the core issues of the case remain unresolved and are still under review by the administrative court. Due to the ongoing proceedings, Biancalana declined to comment further on the matter.

Next steps

Following what was described as a "very constructive" discussion with the FGFC, the municipality has decided on a path forward. In early January, the municipal executive board (Schäfferot) and the personnel delegation will meet with the two civil servants to discuss their reintegration.

The head of the IT department will also attend the meeting, after which the two civil servants will be formally reinstated into their previous roles.