Summary dismissal (512,-666)

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Keywords: Summary dismissal
Total judgments found: 43

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• Judgment 87

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant, a trade union official, made criticisms which were included in a tract. "The conduct which was deemed to justify [his] summary dismissal did not constitute misconduct serious enough to jeopardise or to be likely to jeopardise the reputation of the organization or its staff." Summary dismissal was not justified.

  Keywords:

  contract; duty of discretion; material damages; misconduct; moral injury; permanent appointment; proportionality; serious misconduct; staff representative; staff union activity; summary dismissal; termination of employment;
  

  
  
  

• 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;
  

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