Judgment No. 4497
Decision
1. The decision of 23 August 2019 to summarily dismiss the complainant is set aside.
2. EMBL shall pay the complainant 15,000 euros material damages.
3. EMBL shall pay the complainant 1,000 euros costs.
4. All other claims are dismissed.
Summary
The complainant contests the decision to summarily dismiss him for serious misconduct.
Judgment keywords
Keywords
complaint allowed; misconduct; summary dismissal
Consideration 7
Extract:
Two things can be noted about [Staff Rule 2 5.04]. The first is that it mandates consultation with the JADB before a disciplinary measure is taken (other than a written warning or reprimand) subject to a proviso. The proviso is that if the Director General is of the opinion that the staff member’s conduct is a particularly serious misconduct, the staff member can be dismissed without notice and without consulting the JADB. The word “particularly” signifies that the conduct in question has to be more than serious misconduct. That is to say, it needs to be serious misconduct but of a higher order of seriousness.
Keywords
interpretation; misconduct; disciplinary measure
Consideration 8
Extract:
Under Staff Regulation 2 5.20, the JADB is comprised of a person appointed by the Administration, a person appointed by the Staff Association and a third person chosen and agreed to by those two. Fairly clearly, it is intended to be a representative body whose members may well bring a range of divergent thoughts and opinions to a consideration of the conduct of the staff member concerned and thus enhance the disciplinary process by providing input to the Director General.
Keywords
disciplinary body
Consideration 9
Extract:
Moral damages are sought by the complainant for the mental stress of the entire disciplinary procedure and the negative effects it had on him. But the bringing and the prosecution of the charges in disciplinary proceedings were a product of his own conduct for which EMBL cannot be held liable in damages.
Keywords
disciplinary procedure; moral damages
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