Judgment No. 207
Decision
THE COMPLAINT IS DISMISSED.
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
decision; internal appeals body; recommendation; enforcement; disciplinary measure; discretion; executive head; binding character
Considerations
Extract:
"As an international official, [the complainant] cannot validly claim before the present Tribunal the protection of a law of amnesty adopted by the French parliament."
Keywords
complainant; tribunal; domestic law; enforcement; refusal; request by a party
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
proportionality; termination of employment; misconduct; disciplinary measure; judicial review; discretion
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
tribunal; evidence; appraisal of evidence; burden of proof; disclosure of evidence; misconduct; disciplinary measure; disciplinary procedure
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
grounds; equal treatment; misconduct; disciplinary measure; difference
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