Court of Civil Service Aruba (GAZA)
As a civil servant, do you disagree with a decision or an act of your employer (an administrative body)? Then you can submit a notice of objection to the Civil Service Tribunal. Civil servants law has various types of procedures, for example the objection and the provision for a stock procedure.
Authorized representative
It is not mandatory to use a lawyer in a civil service procedure, but it is allowed. If you are assisted by a lawyer, you do not need authorization.
Court fees / stamps
There are no court fees for a Gaza procedure. The petition is also free of stamps.
The National Ordinance on Civil Servants (La) can be found on the website www.overheid.aw.
Submit a notice of objection
To start the objection procedure you must submit a notice of objection to the Civil Service Tribunal. A notice of objection can be submitted with regard to a decision, action or refusal (to have or act). The notice of objection must be submitted within thirty days of the day on which the decision was made, the action was taken or the refusal was pronounced.
Below you will find a checklist with which the notice of objection must comply and which documents you must submit with the notice of objection. The notice of objection must be submitted in duplicate.
Content of an appeal or a petition:
the name and first names of the complainant (in full) and of any authorized representative
the address of the complainant or of the authorized person (in the absence of a place of residence in Aruba, the actual residence of the complainant must be indicated)
telephone number of the complainant and / or of the complainant's authorized representative
e-mail from the complainant and / or from the complainant's authorized representative
clear mention of the article on which the objection is based
the ground (s) on which the objection is based (in the case of no grounds pro forma)
clear indication of the type of case (real, fictitious refusal, provisional provision, etc)
the defendant's name
the defendant's address
a signature by or on behalf of the complainant
the date of the notice of objection
Productions to be submitted:
a copy of the decision or of the decision against which the objection was made and of the relevant documents
if the complainant is represented by an authorized representative (not being a lawyer): a written authorization, stating the name, first names and address of the authorized representative
The counter moral
The court informs the administrative body (defendant) that you have submitted a notice of objection. The court asks the defendant to submit a counter-statement (statement of defense) and to send all the documents in the case. The defendant is not obliged to submit a counter moral. The defendant must, however, submit all documents relevant to the dispute.
Seat
Your notice of objection will be dealt with at a session. You and the governing body will receive an invitation to the session. This invitation will state when (date) the hearing will take place and when the respondent can submit a counter moral.
Statement
In principle, the judge makes a decision six weeks after the hearing. If the judge needs more time, he will let you know. You will receive the ruling at home. If you have engaged a lawyer or an authorized representative, he will receive the decision.
You can appeal against a decision (Article 97 La).
Request for a decision on stock
In all cases in which a notice of objection can be filed, a petition can be submitted to request a decision in stock to prevent harm and in which an urgent provision is required.
The court determines a date on which the case will be dealt with. All parties receive a call for the session.