Judgment No. 237

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 21.10.1974
• Original: English
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

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

proportionality; termination of employment; serious misconduct; conduct; disciplinary measure; judicial review

Considerations

Extract:

"To come on duty smelling of alcohol is reprehensible but does not amount to misconduct serious enough to justify dismissal."

Keywords

proportionality; termination of employment; misconduct; serious misconduct; conduct