WILLEMSTAD – The Court of Civil Servants in Curaçao has ruled that the government wrongfully dismissed a police officer because her criminal conviction was not yet final, ordering her reinstatement and the retroactive payment of her salary.
The ruling concerns an officer of the Korps Politie Curaçao who was dismissed after being sentenced by a criminal court to a five-month suspended prison term and 150 hours of community service for offenses including theft, threats, and the use of false documents.
The government based its decision on the assumption that the conviction was final and therefore justified dismissal. However, the court found that the officer had filed an appeal within the legal timeframe, meaning the ruling had not yet become irrevocable.
Under applicable regulations, dismissal on the basis of a criminal conviction is only permitted once the judgment is final. Because that condition was not met, the court concluded that the dismissal was unlawful.
As a result, the decision to terminate the officer’s employment has been annulled. The legal basis for halting her salary also falls away, and the government must now pay her wages retroactively.
During the court hearing, the government acknowledged that an appeal had been filed and indicated that steps were already being taken to withdraw the dismissal decision.
The case highlights the importance of due process in disciplinary actions within the public sector, particularly when legal proceedings are still ongoing.