How to file a grievance against the administrative decision and the dates for challenging it:
The employee must be aware of the dates for grievance against the administrative decision and the dates for appealing against them in order to preserve his right from being lost. An administrative decision may be issued against an employee and resort to the verbal complaint of his workplace and await a response and after a period of time has passed, he resorted to the judiciary to appeal the decision issued against him, so he was surprised by the issuance of a judgment against him stating that his case was not accepted for filing after Promised! And thus lose his rights.
Then in order for the case to be accepted to cancel the administrative decision from the interested party, it must be filed within a certain period. This period was organized by the legislator - in order to preserve the rights of the employee - in Article 7 of Decree-Law No. 20 of 1981 regarding the establishment of a department in the total court to consider administrative disputes. The date for filing the cancellation lawsuit is sixty days from the date of publishing the contested administrative decision in the official gazette or in the bulletins issued by the government departments, or the person concerned declares it or is proven aware of it with certainty.
However, this deadline is interrupted by the grievance to the administrative authority that issued the decision or to its governing authorities, and the grievance must be decided within sixty days from the date of its submission, and if the rejection decision was issued, it must be reasoned and it is considered that sixty days have elapsed from the submission of the grievance without the competent authorities responding to it. His refusal, and the time for filing the lawsuit is calculated from the date of the explicit or implicit rejection, as the case.
Here, we find that the legislator required a grievance to occur before filing a lawsuit, as he saw that individuals resorting to the administration before going to the courts enables them to solve many problems amicably and in a shorter time and without spending the costs that the judicial path entails, because the issuance of the administrative decision is defective does not necessarily mean that the administration I meant it to be.
Then, when a decision is issued against the employee and he is aware of it with certainty, notified of it, or published, he must grievance about it to his workplace or to a presidential authority within 60 days starting from the date of his announcement or knowledge of the decision or publication, then he waits for another 60 days starting from the date of submitting the grievance This is in order for the administration to be able to decide on the grievance, and after that we will be faced with two things:
First: In the case of the administration rejecting the grievance, the employee here has to file his lawsuit to cancel the decision issued against him within 60 days from the date of the explicit rejection.
Second: The case of the management body being silent and not responding to the grievance or implicit rejection. Here, the employee has the right, after the end of the 60-day period granted to the management authority to decide on the grievance, to file his lawsuit within the next 60 days.
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