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Disciplinary measure (507, 210, 263, 389, 390, 391, 393, 395, 396, 398, 843, 969, 394, 508, 510, 511, 512, 513, 942, 514, 817, 908, 941, 943,-666)

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Keywords: Disciplinary measure
Total judgments found: 192

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  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;

    Consideration 2

    Extract:

    Vide Judgment 162, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; serious misconduct; staff regulations and rules;

    Consideration 2

    Extract:

    Vide Judgment 162, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;



  • Judgment 136


    22nd Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was suspended from his duties on the ground that he allegedly misused office facilities to spread unfounded allegations. "This suspension does not fall within any of the cases [covered by the Staff Regulations] and, in the particular circumstances of the case, is in fact a disciplinary measure. The organization has therefore committed a breach of contract by suspending [the] complainant otherwise than in accordance with the Staff Regulations".

    Keywords:

    breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;



  • Judgment 111


    17th Session, 1967
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainant made use of statements in the proceedings before the Tribunal "as tracts designed to discredit [the organisation] and the Administrative Tribunal." His actions could not have been directed to defending his freedom and rights. They were undoubtedly related to "activities exercised by [him] as an official of the organisation; as such they constituted serious misconduct and were consequently such as to justify the legal application of a disciplinary sanction [...] the free choice of the sanction to be imposed was within the Director-General's discretion."

    Keywords:

    disciplinary measure; discretion; duty of discretion; organisation's reputation; serious misconduct; vexatious complaint;

    Consideration 3

    Extract:

    The Director General wrote to the complainant inviting him to give an explanation of behaviour which in his view could lead to a reprimand. The complainant submitted his explanations and the proposed sanction was applied. The complainant's contentions that "the aforesaid decision was taken in violation of his right to be heard and that the reasons for it were insufficient are therefore unfounded.

    Keywords:

    disciplinary measure; disciplinary procedure; reprimand; right to reply;



  • Judgment 89


    15th Session, 1965
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The charges against the complainant warranted the Director-General's decision to initiate disciplinary proceedings. In offering him the choice between resignation and appearing before the Joint Committee, the Director-General acted freely and out of good-will. "It was open to the complainant, if he so desired, to defend himself against the charges preferred against him. The choice that lay before him was therefore entirely free."

    Keywords:

    disciplinary measure; disciplinary procedure; executive head; lack of consent; misconduct; proposal; resignation; right to reply; subsidiary;



  • Judgment 79


    13th Session, 1964
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The acts criticised show that "the complainant was guilty of serious misconduct; moreover, even if they had concerned only his private life - which is not the case - these acts were of a nature to compromise the organization's reputation and thus legally to warrant summary dismissal [...] under the terms laid down" in the relevant provision. The fact that the complainant "was ill at the time and that special sick leave for officials is normally provided for [...] constitutes no obstacle to the enforcement of the said provision by the Director-General."

    Keywords:

    conduct; disciplinary measure; illness; organisation's reputation; outside activity; serious misconduct; summary dismissal; termination of employment;



  • Judgment 63


    11th Session, 1962
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "As this is the heaviest penalty which can be inflicted, and can be applied without prior consultation with a joint body, this provision must not be given a broad interpretation. It applies to an official who, in the first place, fails in his duty and, in the second place, thereby commits serious misconduct." In the present case, the complainant was dismissed without advance notice. "It is, therefore, necessary to consider whether the conditions on which the validity of such an action depends were complied with, i.e. whether the complainant failed in his duty and was thus guilty of serious misconduct."

    Keywords:

    disciplinary measure; judicial review; serious misconduct; summary dismissal; termination of employment;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Conderation on the substance (D)

    Extract:

    "It is undoubtedly true that if the Director-General has been informed that a member of his staff has acted in a manner prohibited by [...] the Staff Regulations, the Director-General has a duty to check the accuracy of such information either himself or through persons appointed by him from within his organisation, in order that he may take decisions or even sanctions, if necessary, in the full knowledge of the facts."

    Keywords:

    disciplinary measure; inquiry; investigation; misconduct; organisation's duties;



  • Judgment 19


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (D)

    Extract:

    Vide Judgment 16, consideration on the substance, (d).

    Reference(s)

    ILOAT Judgment(s): 16

    Keywords:

    complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;



  • Judgment 18


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (D)

    Extract:

    Vide Judgment 16, consideration on the substance, (d).

    Reference(s)

    ILOAT Judgment(s): 16

    Keywords:

    complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;



  • Judgment 17


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (D)

    Extract:

    Vide Judgment 16, consideration on the substance, (d).

    Reference(s)

    ILOAT Judgment(s): 16

    Keywords:

    complainant; conduct; disciplinary measure; inquiry; investigation; misconduct; organisation's duties;

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Last updated: 05.07.2024 ^ top