The adjustment of the Supreme Administrative Court in the amount of compensation for the dismissed employee by an illegal administrative decisionCommentary on the principle approved by the Supreme Administrative Court in Iraq in its decision No. 1348/2018 on November 22, 2018

Abstract

Administrative lawsuits related to employees have practical and practical value, as they are considered an effective judicial means to protect the basic rights of employees in the face of unlawful management decisions, and that affect the interests of employees. With rights that are protected and stipulated by the law, which is represented through obtaining compensation, and the judge has full and broad powers in estimating the amount of compensation according to the damage cause. The Supreme Administrative Court in Iraq had an issue in the field of compensation for the employee who was dismissed from his job by dismissal or exclusion by an illegal administrative decision, where he is granted compensation equal to the amount of his salary in full, but this was reversed
in the decision subject of the suspension, where the
Administrative Court issued its decision that the amount of
compensation is equal to the salary after deduction of
allowances from him and it seems that the new trend is due to a change of court opinion. The concept of the public interest
through the political, economic and social transformations
that Iraq has Undergone.