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)
You searched for:
Keywords: Disciplinary measure
Total judgments found: 192
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Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17 and 20
Extract:
The complainant "was made to take special leave at full pay. The material provision is [Unesco Staff] Rule 105.2(b): 'in exceptional circumstances staff members may be required to take special leave with pay, this measure being without prejudice to the rights of the staff member'. [...] The organization is not saying that no suitable post was vacant at the time the impugned decision was taken [...] nor does it maintain that it made the efforts it could have made to find a solution. All it does say is that the complainant never applied at the time for a single post. [...] On the broader issue, if the organization's intent was that the decision should be some sort of disciplinary sanction, then it would have perverted Rule 105.2(b)".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 105.2(B)
Keywords:
assignment; disciplinary measure; exception; hidden disciplinary measure; organisation's duties; special leave; staff member's duties; staff regulations and rules;
Judgment 757
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.
Keywords:
complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;
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;
Consideration 6
Extract:
According to the material provisions of the Staff Regulations, staff members must exercise the utmost discretion in all matters of official business. The dispute between the complainant and the organization did not concern official matters. "The staff member believed, rightly or wrongly, that she had suffered injustice and she was not bound to absolute secrecy. In any case fellow staff and her family and friends outside the FAO must have known she had been suspended from duty."
Keywords:
disciplinary measure; duty of discretion; purport;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"If the strike involved the breach of obligations under the rules or contractual obligations or led to unlawful acts, it would be admissible for the administration to take special measures, but in that event there would not be a strike in the proper sense, and the measures would be disciplinary. The strike was not of such a kind in this case."
Keywords:
condition; disciplinary measure; misconduct; right to strike; staff member's duties; strike;
Judgment 512
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The staff member concerned must have had a chance to put forward his objections in disciplinary proceedings. "The complainant had every opportunity to state her case in the disciplinary proceedings, and there is therefore no reason why the insubordination of which she was found guilty should not be treated as affording grounds for reporting her service as unsatisfactory and with holding her increment."
Keywords:
disciplinary measure; disciplinary procedure; right to reply;
Judgment 511
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint, filed against a disciplinary measure (written censure), raised questions primarily of procedure. The Tribunal considered that, contrary to what the complainant maintained, the officers of the organisation rigorously complied with the procedural rules. It observed that the measure was imposed after the complainant had been invited to state her case, that her supervisors had not been remiss and that her right to a hearing had been respected. The complaint is dismissed.
Keywords:
censure; disciplinary measure; procedural flaw;
Consideration 4
Extract:
The complainant does not argue the merits. "She simply denies all the charges against her, without troubling to discuss them. The Tribunal will not make an investigation which she herself has neither made nor sought. It will take the charges as proved and observe that they justify the impugned decision, which is in any case fully warranted in the light of Judgment No. 512."
Reference(s)
ILOAT Judgment(s): 512
Keywords:
disciplinary measure; judicial review;
Consideration 3
Extract:
There is no substance to the complainant's plea that her right to a hearing was ignored. Her right to reply in writing was recognised and confirmed on two occasions. The time limit, though short, was adequate: the complainant did not need a long time to answer the charges, which were nothing new. She could have had the time limit extended. "It is immaterial that she was asked to reply in writing and not orally. Unless there is a provision to the contrary, the right to a hearing does not denote any right to reply orally."
Keywords:
disciplinary measure; oral proceedings; right to reply;
Judgment 475
47th Session, 1982
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant left without herself informing the chief of personnel that she would be absent for an indefinite period. She could have written to the organisation. She protracted her stay without being formally authorised to do so. The Secretary General was therefore right to terminate the contract, in accordance with the applicable provisions. "Considering the complainant's behaviour [...] he did not exceed the limits of his discretion in applying the most severe sanction."
Keywords:
conduct; disciplinary measure; discretion; misconduct; termination of employment; unauthorised absence;
Judgment 420
45th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
A sanction administered by the Director-General ought to be signed by him personally. In the present case a reprimand was signed by the Deputy Director-General, who as an interested party in the matter. "When [...] a reprimand is being administered by the Director-General himself and when [...] there is no exceptional urgency about its despatch, it is preferable that the document, which is to form part of the staff member's record, should bear the Director-General's signature. But the Tribunal does not consider that the form of signature invalidates the document."
Keywords:
disciplinary measure; formal flaw; formal requirements; reprimand;
Judgment 410
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal quashed the decision to reprimand the complainant because it was not based on a complete consideration of the facts. "The complainant asks for an order for compensation and costs. Since however the Tribunal considers that the complainant's conduct, whether or not deserving of a reprimand, was improper, such an order would not be appropriate."
Keywords:
censure; conduct; disciplinary measure; disregard of essential fact; no award of costs;
Consideration 6
Extract:
"An incident of this sort between a P.6 officer and a regional director does not just explain itself [...]. It was essential for the Director-General to ascertain what explanation or excuse the complainant had to give. It cannot be said that it would inevitably have been unacceptable, since the [Appeals] Board, which characterised the complainant's conduct as 'not proper', none the less recommended that the reprimand should be withdrawn."
Keywords:
censure; conduct; disciplinary measure; inquiry; investigation; organisation's duties;
Consideration 7
Extract:
The complainant was issued a reprimand without it being ascertained what explanation or excuse he might have to give. It is not possible to ignore the alleged misconduct of the Regional Director. "The Director-General must be allowed the widest possible discretion in deciding how to handle incidents of this sort. If he had decided against any formal disciplinary proceedings against either of the parties, his decision would have beyond criticism. But a decision to reprimand one party while leaving the case against the other unconsidered is open to question."
Keywords:
adversarial proceedings; censure; disciplinary measure; disciplinary procedure; flaw; right to reply;
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;
Consideration 2
Extract:
Under the applicable provision, a formal warning is equated with a written reprimand, but is declared not to be a disciplinary measure. "The decision to warn is one over which the Tribunal exercises only a limited power of review".
Keywords:
censure; disciplinary measure; judicial review; warning;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.
Keywords:
contract; disciplinary measure; fixed-term; hidden disciplinary measure; non-renewal of contract; organisation's interest;
Consideration 3
Extract:
The fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the Tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."
Keywords:
decision; disciplinary measure; double jeopardy; misconduct;
Consideration 3
Extract:
A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."
Keywords:
abuse of power; disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The direct superior was a wage bargainer in meetings on conditions of work. "Things can be said in free negotiations about conditions of work in a manner which cannot be used in answer to an order which has to be obeyed. A negotiator does not need to be armed with disciplinary sanctions; he is as free as any other individual to break off discussions with anyone whose manner he finds intolerable. It is because a superior officer cannot break off relations with his subordinates that sanctions against disrespect have to be provided."
Keywords:
disciplinary measure; insubordination; supervisor;
Consideration 24
Extract:
The complainant's attitude and expressions were interpreted as showing a degree of disrespect to his direct superior, who had not however made any rebuke on earlier occasions and who found himself as negotiator in confrontation with the complainant in meetings on working conditions. "[T]he Tribunal concludes that any offence that was given did not deserve more than a reprimand." The selection of the appropriate penalty is a discretionary one, but this discretion must be exercised subject to the principle of proportionality. "[T]he penalty of summary dismissal was out of proportion to any offence committed."
Keywords:
conduct; disciplinary measure; discretion; insubordination; misconduct; proportionality; summary dismissal; termination of employment;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
According to the organization, the memorandum in question signified the initiation of disciplinary proceedings. But the memorandum was written "in the language of conclusions and not of allegations; it is impossible to argue that the writer of a letter which says that if the misconduct is repeated the offender may be dismissed, retains an open mind about whether or not misconduct had occurred. [...] The language of this memorandum disqualifies the Director-General from administering either a censure or a reprimand."
Keywords:
censure; consequence; decision; disciplinary measure; disciplinary procedure; discretion; reprimand;
Consideration 27
Extract:
The complainant was reprimanded on two occasions, the second being related to the first. "Since the Tribunal is setting aside the Director-General's conclusions about the earlier incident, it is clear that the second reprimand cannot in any event remain on the complainant's record in its existing form. The Tribunal considers therefore that the second reprimand should be set aside and that the matter should be remitted to the Director-General so that he can consider whether the [second] incident [...] is sufficiently grave to be by itself deserving of a reprimand."
Keywords:
conduct; disciplinary measure; freedom of association; reprimand; staff representative;
Consideration 2
Extract:
"But whereas in the case of censure which is of a disciplinary nature the Tribunal exercises full power of review as to the facts and the law because of the protection which staff members of the organization should enjoy, when the measure takes the form of a reprimand which is not of a disciplinary nature the Tribunal will exercise a limited power of review. That is to say, the Tribunal will not interfere unless [...]."
Keywords:
censure; difference; disciplinary measure; disciplinary procedure; judicial review; reprimand; safeguard;
Consideration 22
Extract:
"Freedom of association means that there must be freedom of discussion and of debate, and this freedom when feelings run strong [...] can spill over into extravagant and even regrettable language. The Staff Council has its own rules for dealing with misdemeanours of this sort. There could be no true freedom of association if the disapproval of the Director-General, whether justified or not, of what was said could lead to disciplinary measures.
Keywords:
conduct; consequence; disciplinary measure; freedom of association; freedom of speech;
Consideration 1
Extract:
"The Director-General has [...] under the general rules of the organization disciplinary control over all staff members and he must therefore have inherent power to warn as an alternative to a disciplinary measure and to have the warning put on record; whether or not that is called a reprimand does not matter."
Keywords:
competence; disciplinary measure; executive head; provision; staff regulations and rules; warning;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
condition; disciplinary measure; misconduct; termination of employment;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15, 16 and 21
Extract:
Having been accused of insubordination, the complainant questioned the existence of a duty of subordination. "Accordingly, the offence, if any, of the complainant was an offence against discipline and the Director-General erred in dealing with it as a matter of unsatisfactory service." The Director-General "erred in law in treating the complainant's attitude towards [another official] as unsatisfactory service."
Keywords:
complainant; conduct; disciplinary measure; insubordination; misconduct; unsatisfactory service;
Judgment 237
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The serious misconduct with which the complainant was charged consisted of 1) taking an official car and using it for his own purposes and returning it in a damaged condition; 2) reporting for duty the next day in an intoxicated condition. On the first charge, the Tribunal "concludes that in the circumstances the complainant's misconduct justified his dismissal under the regulations." The second charge was not serious enough to warrant dismissal, but since the first was sufficient, "this conclusion is immaterial."
Keywords:
conduct; disciplinary measure; judicial review; proportionality; serious misconduct; termination of employment;
Judgment 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Staff Rules provide for a range of penalties and "the principle of proportionality will ensure that extreme penalties, such as summary dismissal, are applied only to the gravest cases."
Keywords:
disciplinary measure; proportionality; safeguard; serious misconduct; termination of employment;
Consideration 5
Extract:
The question is whether the sanction imposed "gives adequate weight, not only to the nature of the misconduct taken by itself, but [also] to the extent to which in the circumstances of this case the complainant should be held to blame. In this connection there are mitigating factors which [...] the Director-General [does] not appear to have taken into account.
Keywords:
disciplinary measure; mitigating circumstances; proportionality; serious misconduct; termination of employment;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
Considerations
Extract:
"It was within the sole discretion of the Director-General to decide upon the appropriate penalty, and the Administrative Tribunal cannot substitute its judgment for that of the head of the organization unless it finds that the penalty imposed is clearly out of proportion with the gravity of the offence". The complainant was suspended after reporting for work in a drunken state on several occasions and later dismissed.
Keywords:
disciplinary measure; discretion; judicial review; misconduct; proportionality; termination of employment;
Considerations
Extract:
"[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.
Keywords:
appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;
Considerations (in fine)
Extract:
"It is true that officials enjoy the protection, among other things, of the rule of equality as between officials within the same category, but this rule does not apply to officials against whom disciplinary action has been or may be taken for different reasons and in different circumstances."
Keywords:
difference; disciplinary measure; equal treatment; grounds; misconduct;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Cases in which a disciplinary sanction imposed on a staff member appears out of all proportion to the objective and subjective circumstances in which the misbehaviour was committed should be assimilated to cases of error of law."
Keywords:
disciplinary measure; flaw; proportionality;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The investigation [...] aimed at identifying the persons responsible for breaking the rules of the organization [...] was necessarily followed by the sanctions provided for in those rules. The investigation was therefore entrusted to the agents of the organization itself rather than to the authorities of the State in which the complainant was employed. The rules of the organization itself alone were applicable, and not any national legislation." [The case involves participation in the traffic of foreign currency.]
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; investigation; misconduct; staff regulations and rules;
Consideration 2
Extract:
The Regional Director "was [...] entitled to suspend the complainant and to with hold payment of his salary for the duration of his suspension. The charge that he had engaged in traffic in foreign currency for reward constitutes serious misconduct, since any act by which an official takes advantage of his official status for personal profit falls within the definition contained in [the applicable provision]. [...] The misconduct of which the complainant was accused was such as to deprive him of the confidence of his chiefs, so that his continuance in office was liable to be prejudicial to the organization."
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
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