Disciplinary procedure (509, 901, 909, 910, 911, 912, 917,-666)

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Keywords: Disciplinary procedure
Total judgments found: 123

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• Judgment 1673

  
  84th Session, 1998
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  Whether proceedings are judicial or disciplinary it would be a breach of due process "to let one of the parties address issues of fact or of law without letting the other attend and comment."

  Keywords:

  adversarial proceedings; disciplinary procedure; right to reply;
  

  
  
  

• 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 1441

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

  Consideration 16

  Extract:

  The complainant relies on a rule which says that members of the Disciplinary Committee [composed in this instance of staff members from headquarters and constituted there] should come from the staff of the Regional Office and have been locally recruited. The Tribunal considers that "the rule [in question] is not binding" and states that "in any event the complainant has failed to show how the membership of the committee [composed in this instance of staff members from headquarters and constituted there] might have proved prejudicial to the proper and independent consideration of his case."

  Reference(s)

  Organization rules reference: UNESCO STAFF RULE 110.2(D)
  
  

  Keywords:

  advisory body; burden of proof; composition of the internal appeals body; disciplinary procedure; duty station; injury; lack of injury; safeguard;
  

  
  
  

• Judgment 1405

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

  Consideration 6

  Extract:

  "Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."

  Keywords:

  consequence; contract; disciplinary measure; disciplinary procedure; discretion; fixed-term; misconduct; non-renewal of contract; organisation's interest; safeguard;
  

  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;
  

  Consideration 6

  Extract:

  "Since disciplinary proceedings are irrelevant to non-renewal of a fixed term appointment, the complainant may not properly allege hidden disciplinary action."

  Keywords:

  contract; disciplinary measure; disciplinary procedure; fixed-term; hidden disciplinary measure; non-renewal of contract;
  

  
  
  

• Judgment 1363

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

  Consideration 22

  Extract:

  "Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."

  Reference(s)

  Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;
  

  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;
  

  Consideration 6

  Extract:

  Before suspending an official "there is no question [...] of letting the official have all the written evidence on which the charges against him are to rest. All that need be said here is that the complainant was given clear and accurate information about the disciplinary action his behaviour was deemed to warrant. The conclusion is that there was no breach of due process."

  Keywords:

  disciplinary procedure; lack of injury; organisation's interest; right to reply; staff regulations and rules;
  

  
  
  

• 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;
  

  
  
  

• Judgment 1228

  
  74th Session, 1993
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant's case was the subject of disciplinary proceedings. The resulting report, which contained certain adverse comments on him along with a recommendation from the Disciplinary Committee, was referred to the Joint Appeals Committee but not shown to the complainant. "The report having been put to the Appeals Committee, it had the duty to communicate its contents to the complainant and so to afford him the opportunity of challenging it or commenting on it. The Appeals Committee's failure to observe that elementary rule of due process is an essential procedural flaw and constitutes a breach of the complainant's right of defence."

  Keywords:

  disciplinary procedure; due process; internal appeals body; procedural flaw; right to reply;
  

  
  
  

• 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 544

  
  50th Session, 1983
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The decision not to renew the complainant's appointment was notified to him more than ninety days before the date on which he filed the complaint. "However [...] he made a request [...] for the institution of disciplinary proceedings to dispel the suspicion which he believed he was under; and [...] he [subsequently] appealed to the Director-General against the failure to convince the Disciplinary Board. His ultimate purpose [...] was to have the decision of non-renewal set aside; in other words to challenge it." It would be unduly formalistic to make the time limit run from the date of the decision not to renew his appointment was notified.

  Keywords:

  complaint; date of notification; decision; disciplinary procedure; internal appeal; non-renewal of contract; receivability of the complaint; request by a party; start of time limit;
  

  
  
  

• 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 410

  
  44th Session, 1980
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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 353

  
  41st Session, 1978
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  " [I]t was incumbent on the [chief of personnel] to suspend the complainant from duty forthwith, the case then being referred to the Director [...] so that he might consider disciplinary proceedings."

  Keywords:

  disciplinary procedure; suspension;
  

  Considerations

  Extract:

  According to the general principles of the international civil service, "a supervisor may suspend from duty, forthwith and without formality, a staff member who is manifestly guilty of misconduct serious enough to make it clear that it is incompatible with the organisation's interests to keep him on the staff. Suspension is a provisional measure and reserves the staff member's rights; it should be followed by an inquiry which affords him full safeguards and as a rule requires notably action by the head of the organisation."

  Keywords:

  competence; disciplinary procedure; international civil service principles; misconduct; organisation's interest; safeguard; supervisor; suspension;
  

  
  
  

• 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 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;
  

  
  
  

• Judgment 266

  
  36th Session, 1976
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."

  Keywords:

  conduct; contract; disciplinary procedure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; subsidiary;
  

  
  
  

• Judgment 223

  
  31st Session, 1973
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."

  Keywords:

  abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
  

  
  
  

• Judgment 207

  
  30th Session, 1973
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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;
  

  
  
  

• Judgment 172

  
  26th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Th[e] charge [of attempted theft] was brought by the shop manager [...] eleven days after the incident to which it related. [The complainant] immediately denied the charges and gave a totally different and at first sight not improbable version of the incident. The Personnel Officer of the Regional Office, appointed by the Regional Director to make an inquiry, merely heard the statements of the shop manager who had brought the charges, and of three of his employees, only one of whom had apparently witnessed the alleged attempted theft."

  Keywords:

  burden of proof; damages; disciplinary procedure; evidence; inquiry; investigation; lack of evidence; standard of proof;
  

  
  
  

• Judgment 150

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In cases where the Director-General suspects an official of having committed acts of undiscipline in the performance of or in connection with his duties, he has to take action in the most adroit fashion to safeguard, if possible, the reputation of both the organization and of the official. For that reason, before initiating the disciplinary procedure, the Director-General is always free [...] to summon the official and ask him for explanations."

  Keywords:

  complainant; disciplinary procedure; executive head; inquiry; investigation; misconduct; organisation's duties; organisation's reputation; respect for dignity;
  

  
  
  

• 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;
  

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