ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > formal flaw

Judgment No. 420

Decision

THE COMPLAINT IS DISMISSED.

Considerations 1 and 6

Extract:

In its Judgment No. 274, the Tribunal remitted the matter to the Director-General for reconsideration so that he might, if he thought fit, reprimand the complainant for having acted in such a manner as to lead to an interruption of the proceedings of the Council in committee. "The Tribunal would not have thought it right to dictate to the Director-General the exact form the reprimand should take, nor did the Tribunal in fact do so. The terms of the letter [...] do not exceed what is proper, and in particular do not amount to a censure as distinct from a reprimand."

Reference(s)

ILOAT Judgment(s): 274

Keywords

case sent back to organisation; reprimand

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

formal requirements; disciplinary measure; reprimand; formal flaw



 
Last updated: 05.05.2020 ^ top