Judgment No. 248
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."
Keywords
transfer; termination of employment; unsatisfactory service; warning; judicial review
Considerations
Extract:
"[A]fter her dismissal, before she appeared before the [...] Appeals Board and on appearing before the Board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. She thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."
Keywords
disclosure of evidence; adversarial proceedings; right to reply; due process; termination of employment
Considerations
Extract:
"A staff member cannot properly be dismissed for reasons of health unless he is no longer physically or mentally fit for work."
Keywords
termination of employment; health reasons; incapacity; medical fitness; condition; termination of employment for health reasons
Considerations
Extract:
"A staff member cannot properly be dismissed for disciplinary reasons unless he has committed misconduct in the performance of his duties or in the course of such performance or in some manner directly connected therewith."
Keywords
termination of employment; misconduct; disciplinary measure; condition
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