Enseignante licenciée: 17 ans d'ancienneté, maîtresse de l'école, plaide contre sa retraite

A retired public servant has filed a legal challenge against her forced retirement after nearly 17 years of absence from work due to illness. The case involves a teacher who worked at a vocational college in Wesel, near Düsseldorf, and who has been absent from duty since 2009. She claims she was wrongfully ordered into early retirement by the local administrative authority, known as the Bezirksregierung Düsseldorf. Her lawyer submitted the complaint to the Administrative Court in Düsseldorf, according to a spokesperson for the court. This marks the latest development in a dispute that has already drawn attention from regional political figures and media outlets. The woman’s prolonged absence from teaching duties began in 2009, with repeated reports of her being medically excused from work. Despite these absences, the state authorities did not conduct official medical evaluations to determine her fitness for service. As a result, disciplinary proceedings were initiated against both the teacher and a staff member from the Bezirksregierung Düsseldorf. These actions followed concerns over potential misconduct and unexplained absences. Following a medical examination conducted in May, the Bezirksregierung Düsseldorf issued an order to transfer the teacher into early retirement. However, before this decision became final, the teacher filed her lawsuit. According to the court spokesperson, the complaint was received on June 29. The administrative authority is now required to respond and provide its records for review. While the court has yet to schedule a hearing, the teacher continues to receive her full salary during this period, as reported by Spiegel. Complicating the situation further, prosecutors in Duisburg have launched an investigation into the teacher for alleged fraud. In March, law enforcement officers searched her home, citing suspicions that she had falsely claimed to be unfit for work while secretly working as a complementary medicine practitioner. If proven, such activity would constitute a breach of trust and could lead to criminal charges. The teacher's legal battle highlights broader issues surrounding the management of long-term sick leaves in public sector employment. Critics argue that the system lacks sufficient oversight to prevent abuse, particularly in cases involving extended absences. Meanwhile, officials maintain that they acted within their legal mandate to ensure proper governance of public resources. Legal experts suggest that the outcome of this case could set a precedent for similar disputes. The teacher’s claim hinges on whether the administrative authority acted arbitrarily in enforcing early retirement without due process. The court will need to assess whether the teacher’s continued receipt of full pay during the legal proceedings is justified under current regulations. As the case moves forward, the teacher remains focused on defending her rights and challenging what she describes as unjust treatment. The resolution of this dispute may influence future policies regarding employee health status and administrative decisions affecting career progression. For now, the legal process continues, with all parties awaiting the court’s ruling.