Proportionality (210,-666)
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Keywords: Proportionality
Total judgments found: 86
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Judgment 1608
82nd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant had two obligations. First, he had to observe the hierarchical channels of communication if he wanted to refer a matter to the Organisation's decision-making bodies. Secondly, Article 17 of the Regulations required him to exercise discretion in the use of information that came to his knowledge in the course of duty. Since he acted in breach of both of those obligations the reprimand was fully justified."
Reference(s)
Organization rules reference: ARTICLE 17 OF EUROCONTROL STAFF REGULATIONS
Keywords:
censure; disciplinary measure; duty of discretion; proportionality; staff member's duties; staff regulations and rules; supervisor;
Judgment 1599
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Striking someone in the face at work is an act that WHO was justified in treating as misconduct, which Staff Rule 110.8.1 defines as 'any improper action by a staff member in his official capacity'. The Organization rightly took the view that such violence at the workplace was not to be tolerated. [...] The sanction of a written reprimand was not disproportionate to the misconduct that consisted in striking another staff member."
Reference(s)
Organization rules reference: WHO STAFF RULE 110.8.1
Keywords:
censure; conduct; disciplinary measure; misconduct; proportionality; staff member's duties; working relations;
Judgment 1584
82nd Session, 1997
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant failed time and again to meet his financial obligations - in particular the payment of alimony to his family - disobeyed the judicial and administrative authorities of the host country and received several prison sentences. The permanent mission of the host country and his creditors approached the Organization many times. "In behaving as he did he obviously showed scant regard for his duties as an international civil servant and betrayed the Organization's trust. It was only reasonable that the WMO should consider that his conduct precluded keeping him on." There was no breach of the rule of proportionality.
Keywords:
conduct; disciplinary measure; fitness for international civil service; misconduct; organisation's interest; organisation's reputation; outside activity; proportionality; staff member's duties; termination of employment;
Judgment 1447
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"As for the charge of misconduct warranting dismissal under Article 93(2)(f), the Tribunal accepts the Disciplinary Committee's ruling that the complainant had no intention of causing damage in the incident [...]. It is therefore satisfied that the sanction of dismissal was grossly disproportionate to his misbehaviour on that day."
Reference(s)
Organization rules reference: ARTICLE 93(2)(F) EPO SERVICE REGULATIONS
Keywords:
conduct; disciplinary measure; misconduct; proportionality; staff regulations and rules; termination of employment;
Judgment 1445
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The choice of a particular sort of disciplinary action is "obviously at the Director-General's discretion and the Tribunal will not interfere unless his decision shows some fatal flaw such as [...] breach of the rule of proportionality."
Keywords:
disciplinary measure; discretion; executive head; judicial review; limits; proportionality;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 40
Extract:
The complainant was charged with serious misconduct and dismissed. He alleges that the EPO imposed a penalty that was too severe and disproportionate in order to get back at him for his staff union work. "There is not a shred of evidence to support the charge of 'union-bashing' he levels against the EPO. What prompted the disciplinary proceedings was his pursuit of private business for his own enrichment and in abuse of his position as an official."
Keywords:
bias; breach; disciplinary measure; disciplinary procedure; outside activity; proportionality; staff member's duties; staff union activity;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was dismissed on grounds of serious misconduct. He submits that "the punishment is out of proportion to any offence he may have committed. [...] He is wrong. As the Joint Disciplinary Committee unanimously held, he was guilty of 'wilful and repeated insubordination', had never since shown 'the slightest contrition or change of mind' and had offered 'unacceptable explanations for his behaviour'. The conclusion is that in the circumstances there was nothing disproportionate about the sanction."
Keywords:
advisory body; advisory opinion; disciplinary measure; disciplinary procedure; insubordination; misconduct; proportionality; staff member's duties;
Judgment 1334
76th Session, 1994
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
"The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."
Keywords:
compensatory allowance; discretion; judicial review; limits; proportionality; salary;
Judgment 1271
75th Session, 1993
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 1070, consideration 9.
Reference(s)
ILOAT Judgment(s): 1070
Keywords:
case law; disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 1250
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 22-23
Extract:
The complainant was dismissed for misconduct after refusing transfer to a post outside headquarters. He alleges that summary dismissal was at odds with the principle of proportionality. The Tribunal holds that "dismissal was not a sudden decision. Furthermore, even after the proposal for dismissal he was given two opportunities to change his mind. [...] The decision to dismiss was a proper exercise of the discretion of the organization and did not infringe the principle of proportionality."
Keywords:
decision; disciplinary measure; discretion; duty station; general principle; headquarters; organisation; proportionality; refusal; serious misconduct; termination of employment; transfer;
Judgment 1238
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal ordered the complainant's reinstatement in Judgment 999. But the Director-General decided that reinstatement was not in the interest of the organization and awarded him compensation. "To condemn someone to unemployment on account of a single negligent act unaccompanied by improper intention, and in circumstances that do not justify loss of confidence by the employer, is to demand a humanly impossible standard of performance by the employee and makes the right to reinstatement illusory."
Reference(s)
ILOAT Judgment(s): 999
Keywords:
complainant; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination of employment;
Judgment 1210
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was accused of misappropriation of funds. After an investigation he was dismissed for misconduct. He submits that the penalty of dismissal is disproportionate to his offence. "There is no evidence before the Tribunal to suggest that the penalty of dismissal was in any way excessive or unreasonable in the circumstances of this case."
Keywords:
conduct; disciplinary measure; inquiry; investigation; proportionality; termination of employment;
Judgment 1070
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"A sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." As the complainant was guilty of defrauding the ILO/ITU Health Fund, his dismissal was not a sanction out of proportion to the offence.
Keywords:
disciplinary measure; misconduct; proportionality; serious misconduct; termination of employment;
Judgment 962
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 4 of Circular 34 of 15 May 1979 says that "for the purpose of calculating seniority for advancement in the prescribed steps within the relevant grade, the period of part-time work will be taken into account in the same way as in the case of normal full-time work". The Tribunal holds that the EPO's practice of counting part-time work towards seniority for promotion on a pro-rata basis on the principle that promotion is a reward for service rendered is in no way at odds with the guidelines in the material circular as the complainant mistakenly argues.
Reference(s)
Organization rules reference: PARAGRAPH 4 OF CIRCULAR 34 OF 15 MAY 1979
Keywords:
consequence; difference; part-time employment; professional experience; promotion; proportionality; reckoning; seniority; step;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"When disciplinary action is out of all proportion to the offence according to both objective and subjective criteria, there is a mistake of law that warrants setting the impugned decision aside. There must be the closest scrutiny when the measure is dismissal."
Keywords:
disciplinary measure; proportionality; termination of employment;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"An international organisation has the right [...] when its staff goes on strike [...] among other things [to] order staff to perform their duties. Provided it respects the principle of proportionality such order will not upset the proper balance between the parties' rights and duties in the event of a collective dispute."
Keywords:
proportionality; requisition; right to strike; strike;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. The Tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "Dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. The decision being quashed, the complainant is entitled to straightforward reinstatement since the Tribunal sees no reason to award her damages in lieu. Since she seeks damages only if not reinstated the Tribunal need not rule on this claim."
Keywords:
benefit of doubt; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination of employment;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
It appears from the applicable provisions that "the monthly salary is 1/12 of the yearly salary, and the daily salary 1/360 of the yearly and 1/30 of the monthly salary. The complainant was on unauthorised leave for two hours, i.e. for one quarter of a normal working day. It was therefore right to deduct a sum corresponding to 1/120 of her monthly salary."
Keywords:
amount; deduction; entitlement for service rendered; proportionality; salary; unauthorised absence;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the so-called service rendered rule, an official is entitled to remuneration in respect of services rendered. It is true that this is only a general rule. In some cases, the Director-General may relieve the staff member from his duty without loss of salary. However the reasons for this must be clearly stated.
Keywords:
entitlement for service rendered; exception; proportionality; salary;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant was urged by the organisation not to use official stationery for communications of a non-recognised staff association. The Tribunal does not believe that the use of inter-office memoranda could be interpreted as giving an official character to the correspondence. "The Tribunal does not consider that the position is so clear or the offence, if there was one, so heinous as to call for a warning of severe disciplinary measures."
Keywords:
disciplinary measure; misconduct; proportionality; staff representative; warning;
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