Conduct (492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506,-666)

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Keywords: Conduct
Total judgments found: 121

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• Judgment 1828

  
  86th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Even though the amount at stake was not large, an intent to defraud the organization is a most serious offence. The organization may expect the highest standards of integrity from its staff; it could not possibly just overlook the fraud; and there was nothing disproportionate about dismissing [the complainant] for the misconduct she had committed."

  Keywords:

  conduct; disciplinary measure; fitness for international civil service; misconduct; proportionality; serious misconduct; staff member's duties; summary dismissal; termination of employment;
  

  
  
  

• Judgment 1796

  
  86th Session, 1999
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  The complainant was reassigned because of his alleged poor attendance and time-keeping. "The [Organization's] treatment of him looks like punishment for conduct it disapproved of and for low output. So there should first have been due disciplinary process affording him full safeguards."

  Keywords:

  conduct; disciplinary measure; disciplinary procedure; due process; misconduct; official; organisation's duties; output; punctuality; right to reply; safeguard; transfer; unsatisfactory service;
  

  
  
  

• Judgment 1764

  
  85th Session, 1998
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[The complainant's] behaviour cannot be seen as anything but fraud to his employer's cost and warranting severe punishment. And his shifty attempts to cover up his misconduct and mislead the Agency in the enquiry made his offence a great deal worse."

  Keywords:

  conduct; disciplinary measure; disciplinary procedure; duty of loyalty; honesty; inquiry; investigation; misconduct; serious misconduct; staff member's duties;
  

  Consideration 14

  Extract:

  The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "He makes out that [...] there was no express ban on what he did. Even if that were so, employees of the [Organisation] have a duty [...] 'to regulate their conduct with the interests of the [Organisation] only in view', and may not so behave as to harm its good name. There is no need for any express rule against cheating. Common decency, good faith and honest dealing lie at the root of relations between employer and employee. Whoever ventures to ignore that does so at his own peril."

  Keywords:

  conduct; disciplinary measure; disciplinary procedure; duty of loyalty; fitness for international civil service; honesty; international civil service principles; misconduct; organisation's interest; organisation's reputation; staff member's duties; staff regulations and rules;
  

  
  
  

• Judgment 1609

  
  82nd Session, 1997
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.

  Keywords:

  abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;
  

  Consideration 16

  Extract:

  An organisation will of course not be liable for private misconduct of an employee that has no link with the
  performance of duty. But misconduct in the context of employment is another matter. When someone whom the
  organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who
  suffers injury thereby is entitled to damages. Such is the complainants' case. Without having to go through all the
  evidence before it [...] the Tribunal holds that each of the complainants suffered treatment that was an affront to her personal and professional dignity. It was inadmissible for one of its officers, in this case a man, to make a habit of addressing women subordinates in language that was blatantly coarse and lascivious. What is more it offended against [an ILO circular], which seeks to ensure - to use its own words - a safe and healthful working environment free from sexual harassment and intimidation'. The whole drift of the evidence before the tribunal is that someone on whom the ILO had conferred much authority saw rough language and rough behaviour as not incompatible with his exercise of it. They were therefore part and parcel of the performance of his duties, and on that account the Organization is liable.

  Keywords:

  condition; conduct; injury; liability; misconduct; moral injury; organisation; respect for dignity; sexual harassment; 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 1590

  
  82nd Session, 1997
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  The complainant contends "that it was improper of the Organisation to accuse him of unsatisfactory work without bringing disciplinary proceedings which would have afforded him safeguards; he was denied his right of reply and suffered a hidden disciplinary sanction. The Organisation has never accused the complainant of any sort of conduct warranting disciplinary action but merely of poor performance. So the change in his duties did not amount to a hidden disciplinary sanction".

  Keywords:

  assignment; conduct; disciplinary procedure; hidden disciplinary measure; misconduct; right to reply; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1584

  
  82nd Session, 1997
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Besides carrying out his allotted tasks an international civil servant has a duty to show such dignity of behaviour as not to harm the good name that the organisation must enjoy if it is to do its job properly. He must in particular abide by the law and respect the public order of the host State or of any other country it may assign him to."

  Keywords:

  conduct; fitness for international civil service; organisation's reputation; staff member's duties;
  

  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 1550

  
  81st Session, 1996
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "If the complainant felt that the representative's order was ultra vires the proper course was for him, not just to carry on regardless, but to raise the issue with the representative and, if necessary, refer it through the representative to Headquarters for a ruling. By failing to obey an explicit and unambiguous order from his supervisor he was in breach of his duty under the Staff Regulations, which declare staff to be subject to the authority of the Director. In this instance that authority had been delegated to the representative."

  Keywords:

  conduct; decision; decision-maker; delegated authority; due process; insubordination; staff member's duties; staff regulations and rules; supervisor;
  

  
  
  

• Judgment 1548

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 21

  Extract:

  The grounds for non-renewal being deterioration from 1990 in the complainant's performance and conduct, "the burden is on the Organization to show that its decision rested upon proper appraisal of the complainant's performance. [...] All the reports up to September 1990 having been satisfactory, the Organization's failure to have proper appraisal reports made since then is a flaw in the decision."

  Keywords:

  breach; burden of proof; conduct; contract; decision; different appraisals; flaw; non-renewal of contract; organisation's duties; performance report; period; procedural flaw; rating; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 1546

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "The conclusion is that he had quite sufficient warning [two written warnings in addition to oral warnings and written comments on the quality of his work] about shortcomings in his performance and the risk of non-renewal. So it is immaterial whether the earlier criticisms are the same as those on which the decision rests. Furthermore, although the Organization's warning was sufficient, it was at liberty to cite prior incidents as well."

  Keywords:

  conduct; contract; discretion; fixed-term; grounds; non-renewal of contract; unsatisfactory service; warning;
  

  
  
  

• Judgment 1532

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "Claim 8 is to costs. Again the Tribunal reminds [the complainant], in view of the intemperate language of his submissions, that he owes a duty of respect to the Organization and to its staff. Because he has failed in that duty the Tribunal disallows his claim to costs, even though one of his claims succeeds."

  Keywords:

  claim; complaint; conduct; costs; freedom of speech; limits; no award of costs; organisation's reputation; staff member's duties;
  

  
  
  

• Judgment 1531

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  As for his claim to costs, "the Tribunal observes, in view of the intemperate language of his submissions, that he owes a duty of respect to the defendant and to its staff. Though his complaint succeeds in part, his claim to costs is disallowed because he has not fulfilled that duty."

  Keywords:

  complainant; conduct; freedom of speech; limits; no award of costs; official; organisation's reputation; staff member's duties;
  

  
  
  

• Judgment 1501

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The proper performance of his mission by an international civil servant requires him to avoid such infringement of the ethical rules of the host country as may hamper or prevent the discharge of duty." The complainant's breach of those rules warranted transfer to Headquarters.

  Keywords:

  conduct; duty station; field; fitness for international civil service; headquarters; official; outside activity; staff member's duties; transfer;
  

  Consideration 7

  Extract:

  The complainant "may not treat the organization as liable for the financial consequences of a decision for which he was solely to blame. so his claims to compensation for a drop in pay and to damages for premature transfer are therefore without merit."

  Keywords:

  cause; compensation; conduct; consequence; transfer;
  

  
  
  

• Judgment 1480

  
  80th Session, 1996
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Organization took the quite proper view that, though it would not become involved in personal affairs, it expected a staff member to honour any financial obligations and would act if standards of conduct were such as to impair its own demonstrable interests or discredit it and its officials."

  Keywords:

  conduct; official; organisation's reputation; outside activity; staff member's duties;
  

  
  
  

• Judgment 1475

  
  80th Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "It is inadmissible that a staff member should involve government officials in questioning the organization's internal workings."

  Keywords:

  conduct; independence; organisation; staff member's duties;
  

  
  
  

• 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 1441

  
  79th Session, 1995
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  The decision to dismiss [the complainant] for serious misconduct was "fully warranted by the facts that came to light at the various stages of the disciplinary proceedings. Even though doubts lingered as to whether the complainant [had embezzled funds] the way he kept the books was still inadmissible and can only have been intended to cover up actual fraud. In view of the complainant's [...] poor performance [his behaviour] showed a lack of conscientiousness and failure to come up to the ethical standards of public service. Moreover [...] his behaviour severely damaged the image of the organization, which he was not just working for but representing."

  Keywords:

  conduct; misconduct; organisation's reputation; serious misconduct; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 1405

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant was charged with unsuitability for the international civil service and the Organization decided not to renew his appointment. "The WHO's reasons for not renewing his appointment might have warranted disciplinary proceedings [...]. Though in no way bound to take disciplinary action against him, it was of course free to take into account any evidence of behaviour that led it to believe - as it does - that he was unfit for international service."

  Keywords:

  conduct; contract; disciplinary procedure; fitness for international civil service; grounds; non-renewal of contract; organisation's interest; staff member's duties;
  

  
  
  

• Judgment 1391

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The complainant was subject to disciplinary action for statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. "Disciplinary action will be justified only if the staff member's conduct amounts to abuse of process or to a perversion of the right ofappeal. Such, for example, will be the case if his allegations 'are clearly wholly unfounded' (see Judgment 99 [...]); or if he appeals 'to the Tribunal for the purpose of lending force to the wild and unnecessarily wounding allegations [...] repeatedly made against the organisation' and has thereby 'entirely perverted from its proper purpose the right of appeal' to the Tribunal and has 'affronted the dignity of his organisation and of the Tribunal (see Judgment 96 [...]); or if his actions 'could neither have been directed to defending [his] freedom and rights, however widely interpreted, nor [...] make the slightest contribution to the disposal of the proceedings' (see Judgment 111 [...])."

  Reference(s)

  ILOAT Judgment(s): 96, 99, 111
  

  Keywords:

  case law; conduct; criteria; disciplinary measure; organisation's reputation; right of appeal; vexatious complaint;
  

  
  
  

• Judgment 1384

  
  78th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The complainant was accused of removing computer equipment from the work place. The organization accordingly decided not to renew his fixed-term appointment. After carrying out an inquiry, the regional director submitted a first report which "showed that there was at most mere suspicion that the complainant might have been involved. There was no basis on which the organization could contend that the charge of theft had been satisfactorily proved. What it did in effect was to reverse the burden of proof by expecting the complainant to show that hisconduct was 'spotless'."

  Keywords:

  burden of proof; conduct; contract; evidence; fixed-term; inquiry; investigation; lack of evidence; misconduct; non-renewal of contract; presumption of innocence;
  

  Consideration 16

  Extract:

  The complainant was accused of removing computer equipment from the work place. For that reason the organization decided not to renew his fixed-term appointment. "The decision not to renew the complainant's contract was based on loss of confidence consequent upon the finding of misconduct. That finding was based on an error of law as to the burden of proof; rules of procedure relating to the right of defence were seriously violated; essential facts were not taken into consideration; and clearly mistaken conclusions were drawn from the facts. so the finding cannot stand, and the plea of loss of confidence which the organization based thereon must be rejected."

  Keywords:

  breach; burden of proof; conduct; contract; disregard of essential fact; evidence; fixed-term; misconduct; mistaken conclusion; non-renewal of contract; right to reply;
  

  Consideration 15

  Extract:

  The complainant was accused of removing computer equipment from the work place. For that reason the organization did not renew his fixed-term contract. "There were many flaws in the procedure that the organization followed. It did not allow the complainant to be present when statements were taken from the witnesses or to question them. [...] Not only was he denied access to their statements but even their identity was concealed from him. [...] No verbatim record of the statements by the witnesses was ever produced." He never got to see the results of the investigation carried out into the matter and he was not given an opportunity to put forward any arguments in his favour. "The conclusion is that he was denied his right to defend himself before an adverse decision was taken [...]. The complainant's right of defence was seriously prejudiced."

  Keywords:

  conduct; contract; due process; fixed-term; flaw; inquiry; investigation; misconduct; non-renewal of contract; procedural flaw; right to reply;
  

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