Title: The right of public employee to defend disciplinary penalty in Jordan

Authors: Tariq Kamal Alhasan; Sadam Mohammad Awaisheh; Sadam Mohammad Awaisheh

Addresses: Faculty of Law, Al-Ahliyya Amman University (AAU), P.O. Box 19328, Amman, Jordan ' Faculty of Law, Al-Ahliyya Amman University (AAU), P.O. Box 19328, Amman, Jordan ' Faculty of Law, Al-Ahliyya Amman University (AAU), P.O. Box 19328, Amman, Jordan

Abstract: Using a critical, analytical and comparative approach whenever necessary, this article aims to focus at the adequacy of Jordanian legislation to ensure the employee's right to defend himself facing the administration, since the administration is the opponent and the judge at the same time in the front of the public employee. At the same time, the right of defence is a sacred right whose violation entails the cancellation (vacating) of the disciplinary decision. If it violates these guarantees, with some exceptions; such as the employee defending himself, leaving work, engaged in prohibited strike, due to this matter, it requires the existence of an administrative prosecution whose task is to investigate as an independent body, instead of the administration, and to make the employee understand his legal rights.

Keywords: public employee; right of defence; disciplinary; administrative law; Jordan.

DOI: 10.1504/IJPLAP.2024.137783

International Journal of Public Law and Policy, 2024 Vol.10 No.2, pp.190 - 203

Received: 06 Jan 2023
Accepted: 22 Jan 2023
Published online: 05 Apr 2024 *

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