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 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;
  

  Consideration 8

  Extract:

  "Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."

  Keywords:

  abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
  

  Consideration 10

  Extract:

  The complainant was subject to disciplinary action for having made statements, some of them before the Tribunal, which allegedly impaired the organisation's and the Tribunal's reputations. The Disciplinary Committee asked whether the punishment of offensive remarks "for which there is no clear justification supported by evidence" would infringe the complainant's rights. The Tribunal holds that "such a test laid an undue burden on the complainant in that if he was to avoid the risk of disciplinary action he must prove the truth of his allegations. No such burden should have been put on him. The mere failure to prove the truth of his allegations did not mean that he had either abused his freedom of speech or forfeited the immunity or privilege of judicial proceedings."

  Keywords:

  burden of proof; complainant; complaint; criteria; disciplinary measure; evidence; freedom of speech; organisation's reputation; submissions; tribunal; vexatious complaint;
  

  
  
  

• Judgment 1381

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

  Considerations 19-20

  Extract:

  "As to his suitability for the international civil service, the flow of documents between him and his supervisors on matters which could easily have been dealt with by discussion and dialogue shows a deterioration in his relationswith others at work, and for that he was at least partly to blame. The many notes for the record also indicate some lack of mutual respect and trust. He got a written reprimand [...] for ignoring normal channels of communication and for threatening to ask [his government] to make an official request to the organization, but even that did not deter him. His conduct fell below the standards expected of an international civil servant. The organization was justified in deciding not to renew the complainant's appointment."

  Keywords:

  censure; conduct; contract; disciplinary measure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; working relations;
  

  
  
  

• Judgment 1363

  
  77th Session, 1994
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 38

  Extract:

  The complainant alleges that the charges against him of misconduct and his subsequent dismissal were mistaken. On the evidence "the Tribunal is satisfied that the complainant was in breach of his professional obligations throughout the period of his service at the EPO in that without leave he had set up and was running a consultancy firm under cover of his main professional activity. Such professional misconduct was compounded by the coincidence between the area of the firm's business and the EPO's own area of competence and by his offering or actually providing services to his customers that were connected with his official duties at the EPO."

  Keywords:

  conduct; continuing breach; disciplinary measure; misconduct; organisation's interest; outside activity; serious misconduct; staff member's duties; termination of employment;
  

  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 1347

  
  77th Session, 1994
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15-16

  Extract:

  The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."

  Keywords:

  allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;
  

  
  
  

• 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 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 1261

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."

  Keywords:

  disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
  

  Considerations 7-8

  Extract:

  The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.

  Keywords:

  burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
  

  
  
  

• Judgment 1251

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He says there was no fair and proper investigation of the charges against him. The Tribunal observes that the investigators failed to reach the complainant and "the organization made no effort to give him an opportunity of controverting or explaining the several matters which resulted in his dismissal. [...] Up to the time that the Joint Disciplinary Committee was appointed [...] he had no opportunity of explaining his position."

  Keywords:

  decision; disciplinary measure; disciplinary procedure; due process; inquiry; investigation; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  Consideration 9

  Extract:

  The complainant was accused of misappropriating funds and summarily dismissed for misconduct. The Tribunal holds that though the Appeals Board "recorded in its report the organization's submissions on the facts, it did not come to any conclusion on them and indeed said it was 'extremely difficult to impute the misfeasances committed to the complainant'. The Director-General's decision is thus flawed with the wrong assumption that the Board had made findings adverse to the complainant."

  Keywords:

  decision; disciplinary measure; flaw; internal appeals body; judicial review; mistake of fact; mistaken conclusion; serious misconduct; summary dismissal; termination of employment;
  

  Consideration 10

  Extract:

  The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."

  Reference(s)

  Organization rules reference: STAFF RULE 109.9 (F)
  
  

  Keywords:

  decision; disciplinary measure; discretion; executive head; repatriation allowance; right; serious misconduct; summary dismissal; 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 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 1188

  
  73rd Session, 1992
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  After the Director-General imposed a disciplinary sanction on the complainant he lodged an internal appeal. Rule 110.4.3 of the Staff Rules says that "the deliberations and reports of the Disciplinary Committee and its recommendations to the Director- General shall be confidential". The material issue is "whether the full text of the Disciplinary Committee's report, and not just the text of its recommendation, was disclosed to the Joint Appeals Committee. If it was, the Union should have let the complainant too have a copy and, failing that, there was a procedural flaw in that there was breach of his right of defence."

  Reference(s)

  Organization rules reference: UPU STAFF RULE 110.4.3
  
  

  Keywords:

  confidential evidence; disciplinary measure; disciplinary procedure; disclosure of evidence; further submissions; interlocutory order; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; recommendation; report; right to reply; staff regulations and rules;
  

  
  
  

• Judgment 1085

  
  70th Session, 1991
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant, Head of Interpol's Accounting Service, had his advancement deferred by six months for failing to reply to his supervisors' requests for information about an discrepancy in the accounts. The Tribunal found the measure warranted as he was guilty of misconduct for failing to comply with his duty under the Staff Regulations and Staff Rules.

  Keywords:

  disciplinary measure; increment withheld; insubordination; misconduct;
  

  
  
  

• 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 1028

  
  69th Session, 1990
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 14-15, Summary

  Extract:

  The complainant was issued a reprimand after putting down insulting remarks about his supervisors on his staff report. Article 47(1) of the EPO Service Regulations says that employees "shall be entitled to make any comments" they consider relevant on their staff report. But the Tribunal holds that "the freedom of speech that provision safeguards plainly affords no excuse for insult and libel." The choice of sanction is wholly warranted.

  Reference(s)

  Organization rules reference: ARTICLE 47(1) OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  censure; conduct; disciplinary measure; freedom of speech; performance report; rebuttal;
  

  
  
  

• Judgment 969

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  The complainant is accused of having typed two defamatory memoranda. "It is common ground that the burden of proof rests on the organization. By declining to admit the charges, as she was entitled to do, the complainant required the organization to prove its case; and although the proceedings are not criminal the seriousness of the charges and the concomitant penalty demand that before there can be a finding against the complainant the charges must be proved beyond reasonable doubt."

  Keywords:

  burden of proof; disciplinary measure; misconduct; organisation; organisation's duties;
  

  Consideration 22

  Extract:

  "The language (in the documents typed by the complainant) was obviously calculated to intimidate by threats to the life of senior officers of the organization. Participation in preparing such documents amounted to inadmissible conduct which fell within the prohibition of the Rules and merited summary dismissal."

  Keywords:

  conduct; disciplinary measure; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• 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;
  

  Consideration 14

  Extract:

  The complainant submits that none of "the charges supporting his dismissal for misconduct [...] amounts in itself to misconduct. Indeed some of them do not, but what is serious is that there are several."

  Keywords:

  conduct; disciplinary measure; misconduct; serious misconduct; termination of employment;
  

  Consideration 19

  Extract:

  "To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."

  Keywords:

  abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
  

  
  
  

• Judgment 934

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant is mistaken in alleging breach of the principle of double jeopardy, since the grounds for the two reprimands were different.

  Keywords:

  censure; difference; disciplinary measure; double jeopardy; grounds;
  

  
  
  

• Judgment 885

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3-4

  Extract:

  "The interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the Tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [The organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the Tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. For the foregoing reasons the Tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."

  Keywords:

  censure; competence; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;
  

  
  
  

• Judgment 848

  
  63rd Session, 1987
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

  Keywords:

  disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;
  

  
  
  

• Judgment 846

  
  63rd Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant contests the inclusion in his personal file of a note from the Vice-President of the Office which could be construed as a reprimand under the EPO Staff Regulations. Following the internal appeal, the Vice-President withdrew the offending note. The Tribunal holds that "the Vice-President's letter of 31 January was a mere expression of intent, it was not put into effect, and even supposing it was, the action was withdrawn, and the complainant has accordingly been given satisfaction."

  Keywords:

  application for quashing; cause of action; censure; disciplinary measure; no cause of action; settlement out of court; statement of intent;
  

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